Is it only the amount of pension you accrue during marriage that you owe? Or is it whatever pension you receive till retirement?
2006-11-20 05:17:18 · 5 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
I had IRA's and 401(k)'s so I don't know how this applies to your situation.
I only gave up 1/2 of the marital porition of my retirement. So all the funds before came off the table, and nothing after the final day of the marriage goes to her. So we looked at the total value, subtracted what I had saved for retirement before I met her, subtracted any gains since the last day of the divorce, and she got half of what was left, with no claim to future earnings.
For pensions, I suppose you can deal that a percentage, equal to the percentage of years in the marriage where you worked there would be split with her.
So for example, let's say you worked there 28 years, but were married to her for 7 of those 28 years.
She would get 1/2 (her share) of 1/4 of the pension (the portion you were married)
She certainly would not be entitled to 1/2, but in my example, I'd start with 1/8th being offered.
Everything is negotiable, there are no hard fast rules in the game of divorce.
You may check with your pension plan to see if there is a cash balance, as your ex may be able to get a percentage of this now, and then you never have to deal with this issue again.
2006-11-20 05:22:21 · answer #1 · answered by camys_daddy 5 · 0⤊ 0⤋
In ALL states it's the money that was accrued DURING the marriage. But, this is an issue for a divorce lawyer to answer.
2006-11-20 05:37:23 · answer #2 · answered by Anonymous · 0⤊ 0⤋
T right that's no Federal regulation that immediately entitles a former companion to portion of a member’s militia retired pay. A former companion could desire to have been offered portion of a member’s militia retired pay in a State courtroom order. The Uniformed ServicesFormer Spouses’ protection Act (USFSPA), call 10, united states of america Code, section 1408, exceeded in 1981, accomplishestwo issues. First, itauthorizes(yet doesnot require)State courts to divide militia retired pay as a marital asset or as community property in a divorce intending. 2d, it supplies you a mechanism for a former companion to enforce a retired pay as property award via direct money from the member’s retired pay. Retired pay as property money are potential in basic terms. Retired pay arrears can not be amassed under the USFSPA.
2016-12-29 06:28:19 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I think since you started earning that before you divorced you have to give them their share. In Texas I know you do, because my cousin filed and got half of her husband's pension. I don't think it is fair either but the law is the law.
2006-11-20 05:22:09 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Anything he or you acquire after the divorce is regarded as sole property. You have no claim to anything he has acquired, nor does he of anything you have acquired after your divorce is final. This is true in all states, unless your divorce decree states otherwise, or each of you have chosen to list each other as joint tenents. In most cases, even this will fail, unless you have specifically stated such in your papers.
2006-11-20 05:22:37 · answer #5 · answered by April 6 · 0⤊ 0⤋