Legal Question in Family Law in New Jersey
marriage
My question: Me and my husband will be married for 10 yrs. in August 2008. Will he be intitled to half of my benefits, and if he has been in the military will I be entitled to half of his military benefits ? Also if I have a living will upon my death and he is still alive will they honor my will?
1 Answer from Attorneys
Re: marriage
Only what is acquired/earned during the marriage is subject to equitable distribution. Only that part of the parties pensions, savings, real estate, etc is subject to distribution in a marriage.
If you remain married and you die and the marriage is still viable your husband is entitled to what is called
the elective share which is one-third of your estate, with deductions for certain value received during your marriage.
Gary Moore
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