QUESTION

Can a judge force a man to take half of his wife's pension upon her retirement in a divorce settlement?

Asked on Jan 30th, 2013 on Divorce - New Jersey
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Alimony, including Establishment, Modification, Termination, and Enforcement Attorney serving Parsippany, NJ
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No.  A judge will not "force" a man to take 50% of his wife's pension.  However, if the wife's pension rights accrued during the marriage, her pension is a marital asset which is subject to equitable distribution.  Therefore, it would not make any sense for a man not to accept his share--unless of course he voluntarily chooses to waive that right.    I am guessing that there are specific reasons in your case, which have caused you to ask that question.  I would be happy to have a brief telephone call with you, to get more facts.  Of course, there is no charge for that phone call.  My telephone number is listed below.    Please also feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I wish you the best.   David F. Salvaggio, Esq., SALVAGGIO LAW GROUP LLC (Telephone: 973-455-1220)      
Answered on Feb 02nd, 2013 at 3:00 PM

SALVAGGIO LAW GROUP LLC (877) 355-5281 www.salvaggiolaw.net This answer is not intended to be legal advice. Please consult an attorney.

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Bankruptcy Attorney serving Collegeville, PA at Nahrgang & Associates, P.C.
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That means that a judge can do what's fair.  If he determines that the only way to assure each party has some retirement and has sufficient resources to meet their daily needs, he can certainly order that. 
Answered on Jan 30th, 2013 at 5:48 PM

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