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In Oregon after five years of marriage is spouse entitled to her husbands retirement pension?
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No. A spouse has no right to any interest in their husband's or wife's inheritance. In most States in the event of the death of either husband or wife their estate automatic…ally passes to the surviving spouse. There are other states that allow other immediate family other than the surviving spouse to lay claim on assets if the deceased did not have a legal will. If the husband or wife has a legal will that designates the inheritance or other property or possessions to other family members/people, the surviving spouse may contest the will but that is usually not very successful in most cases. Regarding marital assets and divorce: most states consider an inheritance separate property and not part of the marital assets as long as the recipient keeps it separate.
How many years of marriage is needed in the state of Indiana to receive half of spouses pension in the state of Indiana divorce laws?
Indiana currently does not have any laws that support any kind of spousal support. During a divorce the amount of the marital assets owed to each party is decided by the Judge… after hearing from both sides during the hearing. Property or assets that are in only one party's name are automatically awarded to that party, unless exceptionally circumstances exist to warrant it going to the other party, such a vehicle being awarded to the custodial guardian of the children instead of the documented owner.
That is an issue that must be addressed in the separation agreement the parties enter into at the time of the divorce. If that issue is contested, the wife 's counsel must… fight for a court order to that affect. Her chances improve the longer the marriage. You should consult with an attorney who specializes in family law. Social Security: If you have never asked Social Security about receiving benefits based on your ex-husband's work, you should do so. Many women get a higher benefit based on their ex-husband's work, especially if he is deceased. When you apply, you will need to provide his Social Security number. If you do not know his number, you will need to provide his date and place of birth and his parents' names. The following requirements also apply to your divorced husband if his eligibility for benefits is based on your work. If your ex-husband is living you can receive benefits based on your ex-husband's work if: Your marriage lasted 10 years or longer; You are unmarried; You are age 62 or older; The benefit you are entitled to receive based on your own work is less than the benefits you would receive on your husband's work; and Your ex-husband is entitled to Social Security retirement or disability benefits. If he has not applied for benefits, but can qualify for them and is age 62 or older, you can receive benefits on his work if you have been divorced from him for at least two years. If your ex-husband is deceased, you can receive benefits- At age 60, or age 50 if you are disabled, if your marriage lasted at least 10 years, and you are not entitled to a higher benefit on your own record. At any age if you are caring for his child who also is your natural or legally adopted child and younger than 16 or disabled and entitled to benefits. Your benefits will continue until the child reaches age 16 or is no longer disabled. You can receive this benefit even though you were not married to your ex-husband for 10 years.
It depends on the laws of your state. Assuming there are no children involved - just the two of you....generally speaking, what you bring into the marriage, you get to take ou…t of the marriage. If you owned property going in, or if you inherited money, or if you had investments...you keep them. But there may be conditions. If you owned the marriage home when you two got together, but your wife's income contributed to the care, maintenance and improvement - she would be entitled to a percentage of any increase in equity during that five years. She could also be entitled to a percentage of the growth in your investments during that period. But, she could also be responsible for debt incurred during the marriage. Find a good attorney.
Depending on which state you live in, the answer varies. In some states, marital property is considered to be "community property" which means that the couple shares the owner…ship equally in any property acquired after the marriage, with the exception of gifts and inheritances to an individual spouse. In other states, marital property is divided according to "equitable property" law, which means that the judge starts out with the assumption of a 50/50 split, then looks at each person's circumstances (such as their ability to work and earn a living, their contribution to the assets acquired during the marriage, etc.) and adjusts the numbers accordingly. Thus in an equitable property division it is probable that the spouse who contributed more or who will require more to survive may receive more property in the settlement than the other spouse. Any property that each of you already owned before the marriage (such as your own car, your jewelry, retirement accounts, etc.) are not considered part of the marital property to be divided. You can look up whether your state is a community property state or a equitable property state online. The bottom line is that you are only due half (maximum) of the value of property acquired after you married in the divorce settlement. Other financial considerations such as child support or alimony are separate matters to the property issue. For a more accurate answer you need to consult with a divorce attorney in your jurisdiction.
If you're in the US, generally you're entitled to half of the pension that accrued during the marriage.
Like most legal questions the answer is maybe. You don't say thestate and in some state you might not. In most states if thepension was divided by a court order called a quali…fied domesticrelations order QDRO for short you would have your interest in theretirement funds earned by your spouse just like your spouse would.Your remarriage would have no bearing on it. Depending on the orderyou may even be entitled to part of his death benefit even if heremarried. Generally your share of the spouses retirement is afraction that is the product of 1/2 of his share earned duringmarriage. But it doesn't have to be. You can agree to just aboutanything. .
If you have been married for ten years and are divorcing will i be entitled to spouse's pension and Massachusetts?
Nope, you may get alimony, but you are not entitled to his pension after divorce.
This would depend on the terms of the divorce agreement.
In a divorce how long must you be married in order for your spouse to be entitled to half of your retirement?
The answer to this question may vary from state to state, but typically, in order for a retirement to be divided equally between two divorcing spouses, the entirety of t…he pension would need to be accumulated during the marriage. This follows something called the "time rule", which basically states that an interest in a pension is calculated by taking the number of months of contribution to the retirement and dividing that number by the number of months married DURING contribution to the retirement. This gets you to the marital interest in the retirement. Then you would divide the number by two (for each of the two spouses) and that is the non-retirement-earning spouse's interest in the retirement-earning spouse's retirement.
If you have been married for ten years and are divorcing will you be entitled to half of your spouse's pension?
yes No...not by default -you might have been married 10 years, but spent 9 of those years overseas, living away from your spouse working a $400,000 per annum …job, while your spouse taught grade school for $34,000 per year and kept the kids. Do you think you'd get awarded 50% of a school teacher's pension in this case? Slim chance! ..Such is a very often misconception when dealing with the military especially. People think that just because you've been married 10 years that a spouse (usually the wife) *automatically* gets 50% of the man's retirement. This is furthest from the truth. What is true is that once married 10 years, the spouse (usually the wife) qualifies to have her court ordered portion of the retirement check (if anything) sent directly to HER... verses relying on her former husband to give up her share monthly as ordered by the court. You can be married 20 years, and the court award you nothing out of your spouse's retirement. It totally depends on the contributing factors of the divorce, details of the marriage, etc. You can be married 15 years and the court award you only 5% of your spouse's retirement. *Remember... just because you're "eligible" for something, doesn't meant that you'll get it awarded to you automatically in court.
Only if designated in the decree.
Both may receive benefits. A former spouse may be entitled if that issue was addressed in the divorce. Generally, retirement benefits accumulated during a marriage can be divi…ded and must be addressed at the time of the divorce. A private pension plan administrator can be served with an order that directs the division. A former spouse who has not worked or who has low earnings can also be entitled to as much as one-half of the retired worker's full Social Security benefit. You read more about Social Security at the related question link.
Yes, if you are legally married, the survivor is usually entitled to continue to collect the pension. although at a reduced rate, than when the pensioner was alive. In cer…tain cases, the pension dies with the person named in the paperwork. Check with the pension provider.what is considered legally married.is common law considered legalley married?
During a divorce you are entitled to half of all assets that were acquired during the marriage. You are not entitled to anything that was owned before the marriage took pl…ace.
Is an ex-wife entitled to a husbands insurance settlement after 10 years of marriage the accident happened 8 years after their divorce but she still wants 50 percent of his settlement?
Many people who divorce do have a clause in the decree regarding insurance beneficiaries. If the decree is written this way and/or the policy includes her as a beneficia…ry, then she certainly has rights.