QUESTION

Is my dad's soon to be ex-wife entitled to alimony and half of his pension?

Asked on Apr 24th, 2012 on Child Custody - Missouri
More details to this question:
I am writing for my dad. He is 73 yrs. old and was married for 10 yrs. Retired from Burlington Northern and receives 1200. a month in retirement. she is asking for alimony and half of his Tier 1 or Tier 2? Thank you for your help.Oh, and he is being stubborn about hiring an attorney. She did some kind of inexpensive legal representation and he has been served papers. She lives in KS but he lives in MO.
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2 ANSWERS

Child Custody Attorney serving Kansas City, MO at Kiske Law Office, LLC
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The first question your father has is which is the appropriate jurisdiction, Missouri or Kansas. To answer that I would need to know where they where they last lived as husband and wife, and how long your father has lived in MO and how long his wife has lived in KS. This is an important question because it changes the answer regarding the alimony/maintenance question. With respect to the division of the retirement accounts, in Missouri marital property is to be equitably divided. Marital property is any property that was acquired during the marriage with a few exceptions (for example, inheritance money is not marital property provided it has been kept in a separate account). Your father's retirement accounts may be subject to division if he earned any of the retirement points during the marriage. Only those points earned during the marriage are subject to division. I would tell you father that since he would no more think about filling his own cavities or performing his own heart operation, that perhaps he needs to consult with a lawyer about his situation especially since it could cost him a bundle not to.
Answered on Apr 26th, 2012 at 3:43 PM

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Criminal Law Attorney serving Columbia, MO
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The best thing you can do for him, by far and without question, is to get him to hire an attorney. There is way too much at stake here. Generally, his wife would be entitled to a PORTION of the MARITAL portion of his pension. A lawyer can help minimize his exposure, and he needs to get one. This is critical. If not, this important source of income will be diminished. BTW, his wife is a fool for using an on-line kit. They may both damage themselves in ways they cannot imagine.
Answered on Apr 26th, 2012 at 3:41 PM

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