# Pension division in divorce



## 2MD (8 mo ago)

Hi.

I hope I am in the right forum. My question is about pension and how it is divided when getting a divorce. I have a 401k Plan that will be divided in half between wife and I. But what about a non-vested pension?

My wife has had a state job for 6 years and she gets vested after 10 years of employment (4 more years). Her contribution is 7% of her salary.
Assuming we are dividing everything in half, how can I calculate how much of her pension is mine?
From what I understand, I get whatever she has accumulated up until now, but I am not sure what that means?!

Does it mean that if, for example, she has been making $60K per year for the last 6 years or $360,000 in total, 7% of that is $25200 and that I am entitled to only half of the $25200 ($12,600)?

I do know that her pension estimator has estimated her retirement at $2000/month after retirement age of 65. But I am pretty sure that doesn't mean I get half of the $2000, correct?

Kindly, give me an idea as how to figure my portion of her pension.

Thanks.


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## Diana7 (Apr 19, 2016)

The pension company should be able to value her pension as it is now. That's what happened with my divorce. His pension was valued at the same price of our little house at the time so he had the pension and I had the house(which I needed with 3 children living with me). We could have agreed to half of each each, but my children had to have a home.

As far as who has what out of your assets, that's for you both to agree on and sort out with the lawyers.


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## 2MD (8 mo ago)

Diana7 said:


> The pension company should be able to value her pension as it is now.


Thank you Diana7. 

I am just trying to get a rough idea as to how much that is. I have asked my wife to get the pension people (her HR) to value her pension as you mentioned. But she is refusing to get that information. I know eventually she has no choice, whether we get lawyers involved or the judge decides on all that. But the uncertainty is driving me crazy. Trying to get a rough idea now if I can. I am hoping someone here can tell me how that's normally calculated.

Thanks.


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## Diana7 (Apr 19, 2016)

2MD said:


> Thank you Diana7.
> 
> I am just trying to get a rough idea as to how much that is. I have asked my wife to get the pension people (her HR) to value her pension as you mentioned. But she is refusing to get that information. I know eventually she has no choice, whether we get lawyers involved or the judge decides on all that. But the uncertainty is driving me crazy. Trying to get a rough idea now if I can. I am hoping someone here can tell me how that's normally calculated.
> 
> Thanks.


Oh ok sorry. As you said you may have to wait. If she has only been paying in for 6 years it's probably not going to be worth that much.


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## DTO (Dec 18, 2011)

Here is CA my experience was different than what Diana7 relayed. I was awarded a percentage of her pension to be collected at my retirement. The calculation is the number of years she worked for the County during our marriage, divided by her total tenure at the County, becomes the portion of her pension which is community property. I will get 50% of that share. The implications:

The longer she works for the County, the smaller my share of the total pension will be. But she'll have a larger benefit to split, so it should even out.
The formula does not factor in her wage / salary at the time of separation. I get my percentage of whatever she is due when I claim it; I participate in her raises / promotions.
She can't freeze me out of her pension by delaying retirement or collection; I can sue for my portion if I retire before her.

I'm not sure how your wife not being vested factors in here. If she doesn't put in 10 years at the State (or another agency with reciprocity agreements, if any) you cannot claim a portion of a pension she won't get) - at least it seems that way. She may get a refund of what she puts in and you can get a share of that perhaps.

You need to speak with an attorney. My sense is can get complicated. Our attorneys outsourced this part of the settlement to a specialist attorney who has an advanced law degree.


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