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June 15, 2015

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I was a stay at home Mom for 20 years, and I'm getting divorced. Do I get half of my husband's retirement account?

 

Yes, most likely.  In Ohio, courts will consider the retirement benefits that accumulate during a marriage to be marital assets to be divided equitably. You look at what was accumulated from the marriage date to the end of marriage date, typically. The retirement benefits represent deferred wages that were earned during the marriage which were held for future distribution. If only one spouse is working during the marriage and gains retirement benefits, the court will view it as if the non-working spouse contributed equally to the creation of those benefits.

 

Once divorced, the retirement accounts are separated, and each spouse has his or her own new account set up with the portion of the funds that spouse received in the divorce.  And, although Social Security benefits cannot be divided the same way as retirement plans, divorce courts still may take those benefits into consideration when making an equitable division of the marital property.

 

Many stay at home Moms fear they will divorce with no retirement.  Most often, that's just not the case.  For more information regarding divorce and family law, contact Gertz Law Firm at 513-583-1549.

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501 West Loveland Ave, Loveland OH 45140

401 Pike St. Reading OH, 45215

513-554-1868