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Getting a divorce, how does a judge divide a pension?

In family law, pension benefits can be very complicated, particularly because there is a federal law called ERISA (Employment Retirement Income Security Act of 1974) that affects virtually all pensions from private employers. During divorce proceedings, depending upon the type of pension plan involved, the judge might give the pension to the worker and give the other spouse property of equal value. Or the judge might order that when the pension becomes payable, a portion is paid to each spouse directly. Or the judge might order the employee to buy out the non-employee spouse. This is certainly an area in which the parties getting the divorce should make every effort to come to a voluntary agreement.

What if your spouse's pension was based on work performed both before and during the marriage? Most states will consider as marital property only that portion of the pension that was earned while the couple was married. For more information, consult with a family law attorney in your area.