Yes, if the pension was earned in whole or in part during your marriage, you'll generally be eligible to share a portion of it. A lot depends on the state in which you and your spouse live. Many states do consider that the pension belongs to the participant and his/her spouse jointly. A state court will decide whether or not an ex-spouse or child is to share in the participant's pension. ERISA will uphold the court's decision. A lawyer who practices in the divorce field should be able to assist you to understand and protect your rights.

For a helpful article on how retirement assets are divided as part of a property settlement in divorce,click here.

(Reviewed 9-08)