Benefits: Insurance, Retirement, and Pensions-from Chapter 12-Divorce in New Mexico

During your marriage, you might have taken certain employment benefits for granted.

You might not have given much thought each month to having insurance through your spouse’s work. When you find yourself in a divorce, suddenly these benefits come to the forefront of your mind.You might also, even unconsciously, have seen your own employment retirement benefits as belonging to you and not to your spouse and referred to “my” 401(k) or “my” pension. After all, you are the one who went to work every day to earn it, right?

When you divorce, some benefits arising from your spouse’s employment will end, some may continue for a period of time, and others may be divided between you. Retirement funds, in particular, are often one of the most valuable marital assets to be divided in a divorce. Whether the benefits are from your employer or from your spouse’s, with your attorney’s help you will develop a better understanding of which benefits the law considers to be “yours,” “mine,” and “ours” for continuing or dividing.

For more information our book Divorce in New Mexico is available for $14.95 on the home page of our website.