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  1. #1
    Join Date
    Sep 2016

    Default How to Find Out About an Estranged Spouses Retirement or Pension Plan

    If you have a long-term marriage, but have been separated for several years, and are finally getting divorced, how do you find out about your spouse's retirement plans or benefits? How are they divided in the divorce?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: How to Find Out About an Estranged Spouses Retirement or Pension Plan

    You find out by asking. You can directly ask your spouse, or you can submit questions in written discovery or ask questions at a deposition. It is also possible to seek records directly from his employer.

    In terms of division, there is a great deal of variation depending upon the full facts and state law. The date of valuation may be the date of the separation, the date of the filing of the divorce, or the date of entry of judgment, depending upon the full facts and equities of the case. The valuation may begin on the date of marriage, but if the value of a retirement account or benefit was modest at that time sometimes a court will lump the premarital interest in with the portion that accrued during marriage. A divorce lawyer will make the best case for you, based upon the laws of your state and the facts of your case.

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