Can my spouse claim retirement benefits as part of a Florida Divorce Decree?

[JoshuaG]

I wonder how my divorce will impact my retirement benefits. Can anyone tell me how are retirement benefits divided in a divorce?

 

[stealth2]

Could you be a bit more specific - Social Security, pension funds, etc? Are you currently retired? How long have you been married?

 

[LdiJ]

I wonder how my divorce will impact my retirement benefits. Can anyone tell me how are retirement benefits divided in a divorce?

Retirement benefits are generally considered to be marital property to be divided based on how much of the benefits accrued during the marriage.

 

[JoshuaG]

Could you be a bit more specific - Social Security, pension funds, etc? Are you currently retired? How long have you been married?

I am talking about my pension fund that I will get after my retirement. I’m working right now and too young to receive retirement benefits. I have been married for 5 years and because of some reasons we're getting divorced. If my spouse can claim the retirement benefits then what's the best way to handle this retirement plan distribution? For me DIVORCE is not easy to understand and how it impacts your financial benefits.

 

[Lisa Helen]

I wonder how my divorce will impact my retirement benefits. Can anyone tell me how are retirement benefits divided in a divorce?

In subject to certain rules your spouse must qualify for retirement benefits. As your spouse cannot receive the benefits automatically. The spouse needs to take specific legal action. The rules are little complex and confusing, but your primary role is to help your divorce attorney to identify the solution. Protecting your rights in a Florida divorce requires a law firm with knowledge of state and federal laws. I recommend you talking to a divorce attorney if you have questions related to retirement benefits claim. He/she can explain you better.

 

[stealth2]

I am talking about my pension fund that I will get after my retirement. I’m working right now and too young to receive retirement benefits. I have been married for 5 years and because of some reasons we're getting divorced. If my spouse can claim the retirement benefits then what's the best way to handle this retirement plan distribution? For me DIVORCE is not easy to understand and how it impacts your financial benefits.

Your pension, as LDi stated is considered marital property. Whatever amount has accrues since your marriage, will be subject to a split via QDRO. Either your lawyer or hers can draw that up for you.

 

[LdiJ]

Your pension, as LDi stated is considered marital property. Whatever amount has accrues since your marriage, will be subject to a split via QDRO. Either your lawyer or hers can draw that up for you.

Or, you could offset it with other assets if other assets are available.