Legal Question in Family Law in Maryland

Re: pension rights in maryland

There is no absolute right (unless he is in the military) but in divorce cases where there has been a long marriage (e.g. 10-plus years) often the courts will give each spouse a share of the other spouse's pension, retirement and IRA. This is particularly true where there is an imbalance (e.g., one spouse worked and has a pension, the other only worked part time and has none). This often is negotiable based on division of other marital property. If this is the only property issue and alimony is not an issue, I urge you to try and resolve this through settlement so the divorce can be uncontested. Our firm can assist with preparation of a separation agreement and can handle your divorce at reasonable rates.

Re: pension rights in maryland

You are entitled to share in the marital portion of your husband's pension. If all of the pension accrued after you were married, the entire pension is marital. If some of it accrued before you were married, the premarital part belongs to him, but given the duration of your marriage, most of it would still be marital. Your marital portion is still in effect and only terminates on the date a divorce is granted.

If your husband is already drawing his pension benefits, and is refusing to share them with you, you need to take immediate action by filing for divorce and property distribution. Once a court orders that the pension benefits be split between you, the plan administrator will be required to pay your share of the benefits directly to you.