Is retirement a marital property?

Is retirement a marital property?

Retirement accounts are marital property, which means they are subject to equitable distribution. Depending upon the length of the marriage, the funds deposited in the retirement account(s) before the marriage are reserved to the individual who brought them into the marriage rather than being divisible.

Can my wife get half of my retirement?

If you’re getting Social Security retirement benefits, some members of your family may also qualify to receive benefits on your record. If they qualify, your ex-spouse, spouse, or child may receive a monthly payment of up to one-half of your retirement benefit amount.

Is a spouse entitled to retirement benefits?

In terms of how much a husband or wife is entitled to, the rule of thumb is to divide pension benefits earned during the course of the marriage right down the middle. While that means your spouse would be able to lay claim to half, he or she would be limited to what was earned during the course of the marriage.