Legal Question in Family Law in Oregon
divorce retirement question
I have been married almost 30 years. I retired from a company after 25 years & rolled my retirement over to an IRA. My husband says if we divorce he gets 1/2 of that. Is that correct?
4 Answers from Attorneys
Re: divorce retirement question
Under Oregon law, absent some reason for doing otherwise, your husband would generally receive an amount equal to 50% of 25/30 of the funds now in the IRA account. This would 41.66%.
You were acquiring the retirement account during 25 years of your 30 years of marriage. Spouse is entitled to 1/2 of that part of the retirement money that was acquired during the years of marriage (adjusted by gains and losses occuring since separation from employment).
LAWRENCE D. GORIN
http://www.divorcesource.com/OR/pages/ldgorin.html
Law Offices of L.D. Gorin
521 S.W. Clay St., Suite 205
Portland, Oregon 97201
Telephone: 503.224.8884
Fax: 503.226.1321
E-mail: [email protected]
Re: divorce retirement question
Under Oregon law, absent some reason for doing otherwise, your husband would generally receive an amount equal to 50% of 25/30 of the funds now in the IRA account. This would 41.66%.
You were acquiring the retirement account during 25 years of your 30 years of marriage. Spouse is entitled to 1/2 of that part of the retirement money that was acquired during the years of marriage (adjusted by gains and losses occuring since separation from employment).
LAWRENCE D. GORIN
http://www.divorcesource.com/OR/pages/ldgorin.html
Law Offices of L.D. Gorin
521 S.W. Clay St., Suite 205
Portland, Oregon 97201
Telephone: 503.224.8884
Fax: 503.226.1321
E-mail: [email protected]
Re: divorce retirement question
Under Oregon law, absent some reason for doing otherwise, your husband would generally receive an amount equal to 50% of 25/30 of the funds now in the IRA account. This would 41.66%.
You were acquiring the retirement account during 25 years of your 30 years of marriage. Spouse is entitled to 1/2 of that part of the retirement money that was acquired during the years of marriage (adjusted by gains and losses occuring since separation from employment).
LAWRENCE D. GORIN
http://www.divorcesource.com/OR/pages/ldgorin.html
Law Offices of L.D. Gorin
521 S.W. Clay St., Suite 205
Portland, Oregon 97201
Telephone: 503.224.8884
Fax: 503.226.1321
E-mail: [email protected]
Re: divorce retirement question
Under Oregon law, absent some reason for doing otherwise, your husband would generally receive an amount equal to 50% of 25/30 of the funds now in the IRA account. This would 41.66%.
You were acquiring the retirement account during 25 years of your 30 years of marriage. Spouse is entitled to 1/2 of that part of the retirement money that was acquired during the years of marriage (adjusted by gains and losses occuring since separation from employment).
LAWRENCE D. GORIN
http://www.divorcesource.com/OR/pages/ldgorin.html
Law Offices of L.D. Gorin
521 S.W. Clay St., Suite 205
Portland, Oregon 97201
Telephone: 503.224.8884
Fax: 503.226.1321
E-mail: [email protected]