Legal Question in Family Law in New Jersey
Determining pension value & distribution upon divorce
I am married to a spouse that is a detective and has a pension that is 100% invested as of March 2003. The pension is currently worth approx. $80k but my spouse will retire in less than 15 years and receive 2/3 of their salary for life thereby making the pension value upon retirement in excess of $1m. We have been married ten years. What portion am I entitled to in the divorce? How is the amount of the pension for equitable distribution purposes calculated? Once divorced, I understand that if my spouse should die and does not remarry the pension will be forfeited are there any circusmtances where it might pass to the prior spouse for the benefit of our child?
1 Answer from Attorneys
Re: Determining pension value & distribution upon divorce
Pensions are distributed by a device know as a Qualified Domestic Relations Order. This is not something you should attempt to do yourself.
Daniel Clement