QUESTION
Will I be able to keep my pension and not pay any alimony if we get a divorce?
Asked on Dec 18th, 2013 on Divorce - Michigan
More details to this question:
I am going through a divorce with my wife. She wants the house, half my pension, and alimony. I make more money than her, but she has 2 degrees and chooses to work in a minimum wage job. She has a pension herself. I do not want the house.
9 ANSWERS
There are many items that must be taken into consideration in order to give you a definitive answer, i.e. how many years have you been married, was money added to your pension during the time you were married, are there minor children in the home, etc. Have you considered Mediation? Mediation is Fast, Effective and Affordable. Both you and she would first have to agree on Mediation before it could happen.
Answered on Dec 20th, 2013 at 11:51 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Discuss with your attorney. Those issues can be agreed to or the Judge will make a decision.
Answered on Dec 20th, 2013 at 11:50 PM
Bruce Provda
An equitable distribution question is best answered by your attorney. Many of the answers depend on how long you were married and other things.
Answered on Dec 20th, 2013 at 11:50 PM
The basic rule is that you split the assets and debts. So you would be entitled to half of her pension earned during marriage, and she would be entitled to half of yours. The court has lots of discretion regarding alimony. If she has 2 degrees and chooses to work at a minimum wage job, and you can prove it, she should not get alimony. She would be entitled to half the equity in the house, acquired during marriage.
Answered on Dec 20th, 2013 at 11:50 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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The community property is a separate issue as alimony. Louisiana is a community property state. Each of you is entitled to 1/2 of the assets and responsible for 1/2 of the debt accumulated during the course of the marriage. Usually, but not always, if the parties can't agree otherwise, the judge will order the retirement to be divided as mentioned above by way of a qualified domestic relations order (QDRO), and then handle the remaining property separately. If she wants the house, you may wish to work things out whereby she gets your interest in the house in exchange for her giving you her interest in your retirement.
Answered on Dec 20th, 2013 at 11:49 PM
4 Awards
You need to at least consult with an attorney...the Nebraska pro se forms are not intended to be used if you own real property or have retirement funds or an alimony question. What this will look like in final division can only be explained if you provide all the facts to a competent attorney under privilege and then the attorney can show you how your local judge would view your particular situation. These are very fact specific and depend greatly on how much your assets are worth, how much debt there is and whether the debt is marital and secured or unsecured, how much earning potential and actual income you each have, and any other factors that may have an effect.
Answered on Dec 20th, 2013 at 11:48 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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This is where negotiations come in. She would be entitled to one-half your pension accrued while you were married. Likewise, you are entitled to half of hers. Also, she needs to pay you half of the value of the house if she keeps it. Finally, if it is worth it to you, you cold hire an expert to tell the court what she could be making if she were to take advantage of her degrees. Talk with your divorce attorney about all of these issues.
Answered on Dec 20th, 2013 at 11:47 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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The general rule as to pensions is that each Party gets one-half of the other's benefits that accrued during the marriage. However, some people bargain to "offset" property awards, to keep their pension intact. For example, in your case, perhaps you might be able to keep all your pension, in exchange for your wife keeping all of hers, and the house.
Answered on Dec 20th, 2013 at 11:46 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Answers in divorce actions are fact and detail driven. She will be generally entitled to an equitable split of the property accumulated in the marriage, including pensions accrued. There are many factors which can justify deviations for the "normal". See an attorney, it is only the rest of your life and all of your property which is at risk.
Answered on Dec 20th, 2013 at 11:46 PM