Well, you're right and I'm right, sorta. You see, any smart attorney will know the pension is a thing of value. And that his client should be entitled to a portion of it. But that's the tricky part, isn't it? So, if one had a nice pension PRIOR to getting married, then got married and then divorced 10 years later, would the ex be entitled to some or no part of the pension? If we looked at it like real estate property, or even an investment, if it increases in value during the marriage, does the ex have any claim on that increase? Even though the person obtained the property PRIOR to the marriage? I don't know. But keep in mind, courts do NOT have to divide marital property equally but equitably. Two vastly different things. So, a court could rule that the person with the pension give something else in return for the ex not having any part of it. And, to top it off, it's all negotiable.