401(K), Pension plan, Social security

North Carolina Divorce Law Divorce and Separation Answers
1

I have been married for 14 years and have two kids. My husband start working in 1990 until 2002. We married in 1997. So he worked 7 yeras before getting married and 5 more years after got married. Now I wonder how much of his pension plan, 401(K), Social security he is expected to share with me?

2

Generally, you are entitled to half the amount added to the 401(k), and gains on those contributions, during the marriage. For the pension you’d use a coverture fraction to determine your share. Social security has its own rules on former spouse benefits. You may find more information on those here:

http://www.ssa.gov/retire2/yourdivspouse.htm