My question: Me and my husband will be married for 10 yrs. in August 2008. Will he be intitled to half of my benefits, and if he has been in the military will I be entitled to half of his military benefits ? Also if I have a living will upon my death and he is still alive will they honor my will?
marriage My question: Me and my husband will be married for 10 yrs.
Only what is acquired/earned during the marriage is subject to equitable distribution. Only that part of the parties pensions, savings, real estate, etc is subject to distribution in a marriage.
If you remain married and you die and the marriage is still viable your husband is entitled to what is called
the elective share which is one-third of your estate, with deductions for certain value received during your marriage.
Gary Moore Attorney At Law
31 Mercer Street P.O. Box 1280
Hackensack, NJ 07602-1280