Military years of service


#1

When military pensions are divided, a formula called the coveture fraction is used. This divides your total years of service during the marriage by the total years of service. Half of that number is the percentage your Wife is entitled to. In your scenario, it is most like that the four years purchased with the money from your 401(k) will simply be considered as additional years you worked there during the marriage.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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#2

My question is a little complicated. I was in the service for 4 years prior to getting married. I left the service and went to work for a local government unit in this state. However, I recently used my 401k to purchase my prior years of service and had those years transferred into the local government retirement system giving me 4 additional years of creditable service toward retirement. The money from my 401k was earned mostly during the course of my marriage. My question is, do I have to count those 4 years contribution in the military as part of our marital assets since I acquired them with money from my 401K? Is there a way of determining the actual amount of money that I contributed during my time in the military?