Greenwood Village, CO asked in Divorce for Colorado

Q: I have been married for 29 years. Will my husband be entitled to 1/2 of my retirement if we divorce?

I have worked for my entire marriage but my husband hasn't and has no retirement plan.

Related Topics:
2 Lawyer Answers
Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
Answered
  • Colorado Springs, CO
  • Licensed in Colorado

A: He will be entitled to a spousal share, however the percentage depends on the length of service and the overlap with the length of marriage.

John Hyland Barrett III
John Hyland Barrett III
Answered
  • Louisville, CO
  • Licensed in Colorado

A: The portion of your pension that you earned during the marriage is marital property. Marital property ,including the pension, is subject to an equitable division. So, yes, he will get 1/2 of the pension, assuming it all was earned during the marriage.

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.