Am I entitled to my spouse's retirement? What about social security?

As with all marital assets, each spouse is entitled to 50% of the marital portion of each other's retirement accounts and pensions. This includes IRAs, 401ks, 403bs, annuities, deferred compensation, Employee Savings, public and private pensions and other qualified benefits.

Social Security cannot be divided. However, when one spouse has a public pension (public school teachers, public employees, police and fire etc.) the other spouse's social security may come into play. Ask an experienced divorce attorney about how this may be a factor.

A good divorce strategist can help you utilize retirement assets to your advantage when dividing marital assets and determining spousal support.

For more information, all 440.930.4001 and ask for Attorney Anthony R. Pecora or email him at