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Who is entitled to the husband's pension the ex wife or new wife?

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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.
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