Legal Question in Family Law in Virginia
can my wife get any of my retirement only being married for 6 years?
Asked on 3/21/12, 3:17 pm
1 Answer from Attorneys
Paul B. Ward
Law Offices of Paul B. Ward
There are many factors going into the matter; the first inquiry is whether any of your retirement was earned during the marriage, thus classifying that portion of the retirement as "marital property." It is possible she could convince a judge that receiving a share of the marital property portion of your retirement would be equitable. But a judge could rule that it is inappropriate for a marriage of that duration. There is also the question of whether she has any IRA, 40l(k) or other retirement assets earned during the marriage, in which you could claim an interest.
Answered on 3/22/12, 4:49 am