What will happen to my pension in a divorce?

What happens to pension in divorce depends on the type of pension you have, the state laws and how long you were married. In some instances, the entire pension will be yours to keep. This may be the case in equitable distribution states, for example, if you were married for a short period of time, kept your pension separate entirely form your spouse and your spouse didn't contribute to it, and if the court doesn't believe it would be fair or reasonable to require you to share it. In other instances, you will be required to split a portion of the pension with your ex spouse. This is more likely to happen in community property states, in cases where your spouse helped you to get an education or helped you to contribute to the pension, and/or in situations where you were married for a long period of time.

When your spouse is entitled to a share of your pension, you may be able to "buy him out" in effect by making a lump sum payment as part of the divorce settlement. This may be proposed by you as part of an out of court arrangement if you are trying to settle issues yourself or may be the decision of the court.  However, this may not necessarily be the case, depending on the nature of the pension and on what the court believes is fair. 

To determine exactly what is likely to happen in your state based on the type of pension you have, the situation surrounding your marriage and divorce, and the laws in the state where you live, you should strongly consider speaking with a lawyer for help and advice.