Woodstock, GA asked in Divorce for Georgia

Q: Is my retirement pension a part of the assets that would be split with my husband if we divorce?

I worked for a company and retired after 30 years. Retired in 2004. I started work in 1973 , married in 1987.

Related Topics:
3 Lawyer Answers
Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: Part of the account is marital, part is premarital. The marital portion is subject to be split. It may or may not be, depending on the facts of your case and other available assets. Talk to an attorney about your situation.

Michael D. Birchmore
Michael D. Birchmore
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: Yes. The portion of the retirement which accrued to you while you were married will be considered "marital property." Thus, it will be subject to an equitable division. This being said, however, in every case there is typically an issue which takes the case a different direction. To know for certain about your particular situation, you should meet with a divorce attorney to discuss the specific facts of your case.

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: What was acquired during the years you were married will usually be considered marital asset. You may want to consult with an attorney who can review the facts of your case in detail and present you with guidance specific to your situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.