<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by D.W.:
My husband is due to retire in 3yrs. He will get a pension plus he has money going into stocks.Will I be able to obtain my half for myself and three children before he retires or will we have to wait? I have been unhappily married for 14yrs. We live in N.Y. state.<HR></BLOCKQUOTE>
Well, it largely depends on the state. since it is earned during marraige, it is considered marital property in community property states (and some other states).
To evaluate its worth prior to retirment, you'll need to have an actuary figure out the expected life of the pension holder. Thiw, plus the estimated retirement date should give you the pension amount. Of course, it has to be figured with just the marital earnings.
A possible idea is to have your attorney sign over any interest in the pension in exchange for some other money or property now.
