He was retired when they got married and he has been giving her half of his occupational pension. He is due to go into a Nursing Home soon and will have to pay for his care and won't be able to afford to give his wife half of his pension any more.
2007-02-09 10:03:30 · 12 answers · asked by gath3866 2 in Family & Relationships ➔ Marriage & Divorce
Tricky one, this. Definitely requires professional legal advice.
2007-02-09 10:06:34 · answer #1 · answered by Ahwell 7 · 0⤊ 0⤋
I do know that if you divorce whilst you are still working a spouse is entitled to some of the years pension but that is normally taken into account when the lawyers set up the divorce agreement, I am not too sure about what happens when they have actually retired.
2007-02-09 10:25:12 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In my opinion, no. She shouldn't be entitled to his pension check, because an occupational check is a check you receive from working. WORKING. So unless she was there working hours with him side by side, then she doesn't deserve a penny. Plus, his wife needs to understand that the money isn't there like it used to be. It's not like he just doesn't want to give her money anymore, but he is going to a nursing home soon, and he just can't afford it.
2007-02-09 10:21:09 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Unless their state has an outdated law he's been giving without a legal reason. OJ has a pension, he was sued by the family he supposedly wronged, they can't touch his pension. But if he is eligible for Social Security-and his wife is over 50 she can get some of that.(if they have been married 10 years)
2007-02-09 10:08:55 · answer #4 · answered by dtwladyhawk 6 · 0⤊ 0⤋
Unless you can get a court order to give some of the funds to the spouse your out of luck. Most nursing homes require that all the pensions and retirement funds be givin to them for the care.
2007-02-09 10:07:15 · answer #5 · answered by The Druid 4 · 0⤊ 0⤋
No, if he was retired before they were married she is not entitled to his pension...she is only entitled to half of the marital assets. Since they were not married during the time he worked she should not be entitled to any of his pension.
2007-02-09 11:03:35 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I cant she why she would be entitled to anything that was his assett prior to the marriage. It depends on how long theyve been married and what shes contributed to the home, financial and otherwise (eg bringing up kids and keeping house so he can work etc counts as a contribution) Best bet is to get a solicitor. If they havent been married that long, and she was self sufficient before the marriage, I cant see that hed have to support her in any way.
2007-02-09 10:12:47 · answer #7 · answered by jeanimus 7 · 0⤊ 0⤋
Well, it depends how long they were married, if the wife ever worked, how much the pensions actually are. In any case, they would need to go to court.
2007-02-09 10:09:01 · answer #8 · answered by beygrl 4 · 0⤊ 0⤋
if she didn't 'make sure he went to work' or contribute to him recieving the pension.. the really she only has a right to what he is giving her... if he has to use this money to stay alive, and be taken care of.. then she really doesn't have much choice in the matter.
2007-02-09 10:07:45 · answer #9 · answered by teche16 3 · 0⤊ 0⤋
depending on length and accomplishments during the marriage.....yes!
2007-02-09 10:06:00 · answer #10 · answered by Anonymous · 0⤊ 1⤋