QUESTION
My wife was awarded 50% of my pension for the time we were marrried we divorced over 10 yrs ago and now she has lawyer and court date what to do?
Asked on Jun 07th, 2017 on Family Law - Nevada
More details to this question:
Have 11 yrs teamster pension was married in middle of that for 6 yrs.courtordered 50% of time married but ex stated after court in hall she didn't want any part of pension now today over 10 yrs later get papers stating family court date July 5th in Las Vegas I live in Canada isntabit late to get lawyer and try to modify my pension?
1 ANSWER
You raise several issues. Presuming the original decree is silent on the question of the pension, what is being sought is "partition." The law is new, and the arguments that can be raised by either side are discussed in an article I wrote on the subject called "Partition Actions What Every Nevada Divorce Lawyer Needs To Know (CLE, December 3, 2015)" which is posted here. As to the "hallway conversation," if there was indeed a "conscious waiver of a known right" that can be raised; the main question will be whether there is any documentation, presuming she denies doing any such thing. You may wish to consult -- soon -- with a family law specialist highly knowledgeable about this new law and how it works.
Answered on Jun 07th, 2017 at 9:14 AM