Can Your Spouse Receive Part Of Your Benefits?

Like all your other assets, retirement benefits such as 401(k) accounts and pension plans need to be divided during a divorce. While you may be the one who started the plan, most retirement benefits will be considered marital property.

Even if the retirement account was started before you were married, if benefits acquired during the marriage increase in value of said account, it is now marital property. A judge will award these benefits according to Pennsylvania’s equitable distribution laws, so you will want to speak to a lawyer about what to expect in your situation.

Seek An Outcome That Works For You

In order to predict potential outcomes of the property division process, you will want an expert to determine the full value of all your retirement accounts and plans. Once you know their worth, we can fight for a fair split that aligns with your interests.

In some cases, your divorcing spouse will only receive a share of the benefits once they reach retirement age. Other times, they will receive a share immediately after the divorce, but not in the future. It is possible to keep the full extent of your benefits by offering other assets to make up the value.

Our attorneys at Hopkins Heltzel Attorneys at Law are adept at negotiating and litigating divorce terms. After speaking with you about your goals, we can help you protect your retirement benefits.

Speak With An Attorney Today

We have a reputation for our skills in the courtroom. We have decades of experience resolving complex divorces and protecting our clients’ futures.

For a free consultation, please reach out to us at 814-299-5496 or fill out our contact form. We serve DuBois, Clearfield County, Jefferson County and Elk County.