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?


Asked on 1/29/08, 9:38 pm

4 Answers from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

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]

Read more
Answered on 1/30/08, 2:21 am
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

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]

Read more
Answered on 1/30/08, 2:21 am
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

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]

Read more
Answered on 1/30/08, 2:22 am
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

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]

Read more
Answered on 1/30/08, 2:22 am


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