Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #22:
My husband and I have been married for 16 years and have lived in the state of Minnesota for the past three years. I am planning on filing for divorce and have a question regarding his pension from the military. He retired after 19 years in the service (13 of which we were married) and he receives a monthly retirement check. Do I have any legal right to half of his pension after we are divorced? I know Minnesota is a community property state but would his pension come under this? He is 41 and will receive it for quite few more years. Thank you.
Answer:
Under most state definitions of "marital assets" such assets include all assets acquired during the course of the marriage by either spouse, regardless of in whose name such asset is registered, unless such asset was acquired by inheritance, gift, or bequeath.

With regard to your question about your husband's pension, that portion of it which was earned during your marriage would be subject to the marital asset definition, and half of that amount would be your share of such marital asset.

Leonard M. Weiner, Esq./ Divorce Solutions

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