Q: is my current wife entitled to any of my pension if I was receiving it before we met and were married?

A: Your current wife would be entitled to the portion of the pension that was earned or accrued during the marriage. The portion that you earned before you were married would be subtracted.

A: Under Florida's law of Equitable Distribution, your wife would be entitled to the marital portion of the pension. That is, she is entitled to 1/2 of that portion of the pension that accumulated or accrued during the time of the marriage. I hope this helps. Good luck!

A: Probably not. Pensions are a "property" interest in divorce law. The first step in an equitable distribution analysis is to determine whether the property item is marital or non-marital. If the pension was earned entirely prior to the marriage, then it is unlikely that your spouse would be entitled to any portion of the pension since the asset is non-marital and not subject to division. The second step after determining marital vs. non-marital property is to equitably divide the marital property. If some portion of the pension is considered "marital" meaning it was earned during the marriage, then the spouse's portion would have to be determined and then figure out how to compensate spouse for her portion. It doesn't appear that we need to analyze past step one and it should remain exclusively yours. Also note however, that your pension would be considered income to you and may be considered relevant to alimony considerations. Alimony eligibility is based on a variety of factors but comes down to her "need" and your "ability" to pay. If she "needs" alimony, and the Court determines you have an "ability" to pay, then the Court could order you to pay her alimony using your pension funds. Obviously, the unique facts of the case will govern the alimony analysis, but you should consult with an attorney to more fully analyze your situation and asset exposure.