Norma, NJ Divorce Law Firms & Lawyers

Thank you for your question. Generally speaking, upon divorce a spouse is entitled to half of the “marital coverture” of any retirement plans. This means the income added to the plan from the date of marriage to the date of complaint. Each plan can be a little different in their rules, and pensions are tricky because they are defined benefit plans, not defined contribution plans like 401(k)s. When the tie comes to split any retirement assets, lawyers will consult or engage an actuary. During the negotiation phase of a divorce, parties are allowed to agree that one person gets a larger share of the equity in the home, or some other asset, in exchange for waiving rights to the pension.  You have options, but the best course of action is to consult with an experienced matrimonial attorney, who can advise you based on your unique situation.