Contact Us 505.843.7303
Contact Us 505.843.7303

New Mexico Division of Retirement Benefits Lawyer

What Happens to Retirement in Divorce?

In general, pensions and retirement accounts are divided based upon their increase in value during the time of the marriage. As an example, if the parties are married for 15 years and the retirement has been amassed over 20 years, 75% of the retirement account would be community property. The non-participating spouse would be entitled to 37.5% of the value of the pension as of the time of divorce. Typically, a court order would be prepared by the attorneys to divide these accounts after the divorce has been finalized.


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(505) 843-7303

Albuquerque Office
2701 Arizona Street NE
Albuquerque, NM 87110
(505) 876-9175

Rio Rancho Office
4351 Jager Dr., NE
Rio Rancho, NM 87102
(505) 207-3990

Las Cruces Office
500 N Church St.
Las Cruces, NM 88001
(575) 339-2100

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