UPDATE: Am I Entitled to My Spouse’s Pension After a Wisconsin Divorce?
Originally published: May 25, 2022 -- Updated: June 1, 2023
Update: As mentioned below, issues related to pensions can be complex factors to address during the divorce process. It is important to understand how the value of a pension will be determined as a couple addresses issues related to the division of marital property. This is not always easy, because at the time of a couple's divorce, retirement may be multiple years or decades in the future. Since pension benefits are usually based on the amount of income a person earns at the time of retirement, it may be difficult or impossible to determine the full value of pension benefits until a person is closer to retirement.
In many cases, the best way to address pension benefits is to determine the portion of the benefits that are considered to be marital assets and divide that portion equally between the spouses. The marital portion of pension benefits can be determined by dividing the amount of time that a spouse worked and earned a pension while a couple was married by the total amount of time they worked in a pension-eligible position during their career.
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