mlwear said:
I read the early post of concern that the posters husband had a pension and she did not. While the military, as stated above. has a great specific formula for this, almost all woman if divorced are entitled to part of their spouses pension if the spouse has one. In addition, divorced women can get social security benefits based upon the ex-housband earnings if they were married long enough. So as along as together you have enough saved for retirement you should be OK even if it is not per se in your name so the risk is not as bad as it might sound. for the record, however, i am a wohm and i have my own pension and 401K. Just the choice we made.
These things are so tricky -- that's why we need lawyers. Every situation is so individual.
If two people get married, they both work at jobs that are approximately equal, then they divorce without children . . . it seems logical that she deserves none of his pension (or social security). No one's career /retirement was harmed by this ill-fated marriage.
On the other hand, if they get married and they decide together that it's best for her to stay home with the children, and she does so for 20 years -- long enough that she doesn't really have the time to "catch up" career-wise, and she'll never build up the retirement she could've . . . then she
does deserve some of his pension. She was furthering his career by allowing him to go to work every day relatively unemcumbered by the day-to-day needs of his family, plus she was following through with an agreement they'd made together.
Since most people are going to fall somewhere between these two extremes, it's best have an impartial court make the decisions. There are so many details that come into it:
What if they divorce, but she continues to raise his children? That makes her career more difficult. Does he owe her anything?
What if he wanted her to get a job while they were married, but she just wouldn't? Does he then have reason to withhold his pension?
What if one former spouse makes a ton more money than the other? Does that affect who might owe whom?