North Bergen, NJ Divorce Law Firms & Lawyers

You don't need to wait for a case management conference to a) file your Case Information Statement; and b) send your wife discovery demands. Edward Zohn, Attorney at Law, 908.791.0312

You will be entitled to a portion of his pension.  For a marriage of 8 1/2 years you will receive 50% of the pension deposits and growth from the date of marriage until the filing date of the divorce case.  There are two types of pensions: defined benefit and defined contribution.  If he has a defined benefit pension that means he will receive monthly pension checks.  You will receive one half of his monthly payment adjusting for any pension contributions he made before you married. You will receive your one half when he starts to receive his pension benefits.  That means when he retires.  If it is a defined contribution plan it is a retirement fund that he pays into like a 401K and it is like a savings account.  You will receive one half of the value of the account after deducting the total money he deposited before you married.  You would receive this money at or near the time of divorce and you transfer it into a retirement account.  If you deposit it into a non-retirement account then you will have to pay taxes and penalties on the money.  Once the money is in your account you can do what you like with it. As for medical insurance, it is not definite that he will have to continue to provide medical insurance for you.  The fact that you are disabled may change the situation but it depends on the nature of the disability, his earnings, what other assets and debts you and he have.  There is no definite answer to this question.  Because of the duration of the marriage you may be entitled to alimony depending on how much he earns and your earning ability.  If you are eligible for alimony you may be able to afford your own insurance or possibly have the insurance be part of the alimony package.   

Your employer may have its own policies against dropping a spouse's health insurance coverage in the absence of a qualifying life event.  You may consider filing a complaint to dissolve your relationship with your spouse.  Once your relationship is dissolved, you will be able to remove your spouse from your health insurance without consequence.  In fact, once your relationship is dissolved, your spouse will no longer be able to stay on your health insurance.  The attorneys at Weinberger Law Group offer a free initial consultation.  Call today to schedule your appointment where you can discuss your concerns and your rights in greater detail with one of our experienced family law attorneys.