Often Pensions are in the name of one party of the other, but nonetheless pensions are deemed to be assets subject to equitable distribution. Eve if a pension was started prior to the marriage, usually one that portion of the pension acquired prior to the marriage is exempt.  The portion of the pension acquired during the marriage is usually subject to equitable distribution. Likewise, that portion of a pension acquired after a cut-off date for equitable distribution is exempt and usually will not be shared.

That is not to say that the martial portion of the pension cannot be used as a set off against another asset. Sometimes one party keeps his pr her pension and the other party keeps another asset or a greater amount of another asset.

To assist with your rights, contact an attorney at Iandoli & Edens, LLC at 908-879-9499.

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