Depends on when the other person earned the pension, how long you were married and what state you live in.
The answer to that question is both. Most states have held that retirement funds and pensions earned DURING the course of a marriage are equitable assets subject to distribution by the courts. Those pension benefits that accrue after the divorce is finalized are not available to the ex-spouse but rather would be those of the new wife. The main factor is looking what what was (and was not) earned during the course of the marriage.Addendum:As relates to military pensions, this is somewhat complicated, as the pension is based on the highest rank attained, not as much time served or investment in a fund. Some courts have divided the pension between an ex and current wife by 50/50. Still others have divided it by the number of years each wife was married to the deceased. Still other courts have determined that the only spouse entitled to a military pension is the current spouse. It really depends on the state and the judge who decides.
Sort of its called alimony but each divorce case is different some people are entitled to alimony others are not.
of Authority
I don't mean to be snide...but it depends on whose asking! Honestly, different places define things differently. In some general speak it is a pension plan...but in many others, it is a retirement plan as differentiated from a pension plan.
Cooperative means working well with others.
In order to get a divorce without the others' consent, a person must prove abandonment. They have to have tried to get in contact, and it must be documented. After a certain period of time, a divorce may be granted without the others' consent.
You should not divorce your wife based on the statements of others. Speak with your wife to determine if you should be getting a divorce.
Pensions can be provided for a fixed or limited period depending on the terms of the pension plan. Some pensions provide payments for a specific number of years, while others may continue for the lifetime of the beneficiary. It ultimately depends on the specific details outlined in the pension plan.
The length of marriage required to be eligible for a spouse's pension varies by pension plan. Some plans require at least one year of marriage to be eligible, while others might have longer requirements, such as five or ten years of marriage. It is best to check with the specific pension plan in question for their requirements.
Intangible assets are assets that are not physical in nature. In today's marketplace, they include company's brand name, prepaid pension, goodwill, and company patents, among others.
Every state has different laws on financial entitlement. For example some states have alimony, while others do not. If there was a prenuptial agreement that would be the best way for all parties to know exactly what they are entitled. On the probability that there is not, then the next question is did the other spouse make a large sum of money during the marriage contract, if so there might be a portion of that you are entitled to. If you purchased a home in the year together then there may be a portion of that your entitled to. Honestly, if no financial activity happened in the year (big purchases, or big income) it is likely that there will be little financially that you are entitled to, you will likely leave with what you contributed. The best bet is get a divorce attorney and discuss your options.
It depends on the specific rules of the pension plan. Some plans may allow non-resident spouses to collect a deceased spouse's pension, while others may have restrictions based on residency. It's best to check with the pension administrator or a legal advisor for accurate information specific to the situation.