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

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