division of pension, 401K, divorce

[GiaGia]

I've been married 29 yrs. I have a pension and 401K. My husband has neither. He worked part time most of marriage and not at all now for 2 1/2 years. Is he automatically entitled to 1/2 of each in a divorce?

 

[irish223]

I've been married 29 yrs. I have a pension and 401K. My husband has neither. He worked part time most of marriage and not at all now for 2 1/2 years. Is he automatically entitled to 1/2 of each in a divorce?

He will be awarded an equitable share of all assets acquired during the marriage. Your pension and 401K will be included in those assets. An equitable share is often 50%, though sometimes it's a bit more or a bit less, and there may be factors in your marriage that will affect the percentage.

It is very possible that he will be awarded half of each if you don't have an agreement before going to court.

It's also possible that he will be awarded spousal support.

You need to consult an attorney. If you have other marital assets, such as a house, that you can offer in lieu of some/any interest in your retirement assets, perhaps your husband will agree. It's a negotiation of sorts.

The State Bar of Georgia publishes relevant info here:

http://www.gabar.org/communications/consumer_pamphlet_series/divorce/