Divorce And Employment Benefits
A spouse’s employment benefits accumulated during a marriage (such as a pension, 401(k) retirement profit-sharing account, or other employee benefit plan) are considered community property that both spouses own equally, and such benefits are therefore subject to apportionment with the other spouse upon divorce.
As with other community property, if the spouses cannot reach an agreement on how to divide such employee benefits the court must apportion these benefits between the spouses in a “just and right manner.” The Court might chose to split the employee benefits at issue 50/50 between the spouses. But the Court may choose to give one spouse a greater percentage of employee benefits, such as where one spouse is proven at fault for the divorce, or where one spouse has a greater ability to earn money post-divorce, or where one spouse has primary custody of any children of the marriage.
A family law attorney can assist you in protecting your employment benefits to the fullest extent allowed under the law or fighting for the portion of your spouse’s employment benefits to which you are rightfully entitled.