Legal Question in Family Law in New Mexico

Allocation of retirement income in divorce

Have been married for 16 years. Retired from Air Force. Have worked for the Post Office for 5 1/2 years. Getting a divorce. Understand wife will get aportion of AF retirement but her lawyer told her since we have been married for more than ten years she will get half of my postal retirement. I have to work 16 more years to earn the postal retirement. Will she and should she get 50% of a retirement when she will have been married to me for only 5 1/2 yers of the 22 years I have to work to earn the retirement.


Asked on 5/19/99, 7:29 pm

1 Answer from Attorneys
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: Allocation of retirement income in divorce

Florida Law: Distribution of your retirement is part of equitable distribution according to Fla. Law. Your wife is entitled to one-half of the amount in the retirement that accrued during the marriage. A QUADRO would have to be prepared to reserve that amount to be paid to her at your retirement or when you are able to receive that asset. Therefore, look at the balance as of the date of your marriage to the date of your separation. Half of that amount is your wife's entitlement.

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Answered on 5/27/99, 12:50 pm


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