Family Law

Pension Plans and Divorce

By Robert M. Kisselburgh, Esq.

The Nest Egg and Divorce in Mississippi

Here is a common situation I see as a Mississippi divorce lawyer. A wife wants to divorce her husband. The husband works for a large employer in Madison, Mississippi and has accumulated a nice retirement account from the employer while married to his spouse. In fact, other than the house, the husband?s retirement account is the largest asset this couple owns. The wife wants to know if she is entitled to any of the retirement account. If so, can it be divided.

The answer to the first question depends on how the retirement account was earned. Generally, a retirement account that was accumulated during the marriage is marital property. The reasoning is that wages and benefits of employment earned during the marriage are marital property. That brings up the second question?how can the retirement account be divided?

Full post as published by Mississippi Family Law Blog on February 20, 2008 (boomark / email).