How long before spouse is entitled to spouse's retirement?

[Bethy]

What is the name of your state (only U.S. law)? PA and NJ
My husband and I have been on a trial separation since March '12. In Oct. '12, we were married 5 years. I live in PA, he lives in NJ (in our pre-marital homes) and we have a few serious issues. One is money (read some previous posts of mine if you need info) and someone told me that he may be entitled to some of my retirement money at some point. This is his 3rd marriage, my 2nd and we share no kids and our money has never been co-mingled (except when I gave him a loan which he never repaid....again, in previous post). He has no savings/retirement/401k or the like.

Is there a marital timeline when a spouse is entitled to their spouses retirement fund?

 

[LdiJ]

What is the name of your state (only U.S. law)? PA and NJ
My husband and I have been on a trial separation since March '12. In Oct. '12, we were married 5 years. I live in PA, he lives in NJ (in our pre-marital homes) and we have a few serious issues. One is money (read some previous posts of mine if you need info) and someone told me that he may be entitled to some of my retirement money at some point. This is his 3rd marriage, my 2nd and we share no kids and our money has never been co-mingled (except when I gave him a loan which he never repaid....again, in previous post). He has no savings/retirement/401k or the like.

Is there a marital timeline when a spouse is entitled to their spouses retirement fund?

There is no set time frame. A spouse would be entitled to a share of the retirement fund that accrued during the marriage.

For example, you have a 401k that has 50k in it. 35k was in the account before you got married and during the years of your marriage you contributed 15k. The 15k that accrued during your marriage is marital property subject to division.

 

[ecmst12]

If you have a previous thread, you should post there.