questions & answers

Question: I have been married for nine yrs. I worked at a job for 28 1/2 yrs. before we were married. I received a 30 yr. pension which I still get every month like wages. If I file for divorce would she be able to steal part of my retirement pension even though we only gained 300 dollars of it while we were married,and if so could she start getting have my pension before we were divorced?

Answer: Under A.R.S. § 25-318, property acquired before marriage is considered separate property and will not be divided between the couple in the event of a divorce. Property acquired during the marriage is considered community property and is subject to division. Therefore, any amount you accrued in your pension before you were married is considered your separate property. Anything you accrued after marriage will be part of the community and it is possible that it will be divided up between the two of you. Whether the court will distribute any amount the funds you acquired during your marriage depends on several factors listed under A.R.S. § 25-319. If you are concerned about keeping all of your pension, you can consult an attorney before filing for divorce for further advice.