Pension rights for the dependant spouse

If his employer made contributions during the marriage those contributions would be marital property. If there were no contributions made at all during the marriage, then no portion of the pension is marital property. If you are entitled to a portion of the pension, each plan has different rules some allow you to keep the money with their plan in your own separate account, some require you to transfer it to your own Individual Retirement Account (IRA), in either case, you can keep it invested until you retire.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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I’d like to know what to do I should ask for regarding my husbands pension. He is retired from one job but has a career in another field now. He had the type of pension plan where he paid a certain amount each month and his employer matched it. He claims he made no contributions during our 9 year marriage. I tend to believe this as he wasnt making a whole lot as a salesman.Would these circumstances do me out of any portion of his 36 year pension? Also, could I keep my share “in” so that I might get a little check after he turns 65? I am 61 and he is 56 right now.
Thanks ahead of time. Donna