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Are pensions always divided in a divorce?

by | Aug 5, 2016 | Property And Asset Division

Making the decision to marry may be a choice that is made a lot easier than deciding to divorce. After spending years together, people may find it hard to leave their life behind and start to make new memories without their spouse. When couples have to discuss certain divorce legal matters, such as the division of pensions, it can make things even more difficult.

Pensions are not always divided between spouses when a couple decides to get divorced. Many believe that pensions are typically considered joint or marital property, but this isn’t always true. Similar to the way other property and assets are divided between spouses, the division of a pension is determined by the courts and the state they live in.

The courts determine how pensions are divided, and things can go one of two ways for spouses. Depending on the state, they may not have to divide the pension. Of course, the courts could also award it all to one spouse.

When a couple takes their dispute in front of the court, they can’t be sure how things will go during the case. They both may strongly believe they are deserving of certain property and assets, but the courts may not agree or award either what they want. However, with the help of an attorney, you can prove to a judge why you shouldn’t have to divide your pension and other property and assets. With their assistance, you may be able to keep what you worked so hard to earn.