Legal Question in Family Law in Maryland

Retirement Eligibility

My husband of 33 yrs. committed adultry. We have been separated for 18 mos. He recently retired from the Fed Gov. I must continue working for 8 more yrs. until age 62 to retire. Am I entitled to half of his retirement? How do I get it? Is it retroactive at time of divorce? Does my retirement benefit 8 yrs from now have any play in the amount I'm entitled to from his at this time? I may not work that long.


Asked on 9/18/00, 9:43 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Retirement Eligibility

The amount of your husband's pension that accrued while you were married is considered marital property under the law, and thus you are entitled to a portion of it. Since you have been married so long, I'm assuming that he's been a government employee only during the marriage. The portion that you're entitled to can be determined by way of an agreement between the two of you, or if you can't agree, by the court as part of a divorce proceeding.

You would start to receive your share of his pension when he retires and he becomes eligible for it. As part of the divorce, the court would enter an order directing the government to split the benefits up between you.

Your husband likewise has an interest in your pension, and there may be a setoff between the two pensions in order to determine your share of his pension.

There are a number of factors involved in determining your share, and there's obviously a lot of money at stake. You should hire an attorney experienced in family law matters to assist you.

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Answered on 10/18/00, 2:17 pm


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