I'll try to keep this short since I just rambled for about 10 mins and then lost my post.
My wife of 17 years wants a divorce after she lost all respect for me because I injured my back at work as a Correction Officer and could no longer continue. (so she tells me now)
I began working there when my wife and I were living together. It was a big pay increase for me so I agreed to let her quit her job and put her through college shortly after we were married. Assuming she would get her degree and return to work earning more money so I could retire after 20 years on the job and go back to computer repair, my first job. Which I actually like.
Well we decided to have children first and put her return to work off to after the children were over a year old. They are now 6 and 8 and I'm still waiting for that return to work. I'm sure it will happen soon after the divorce.
The first year I was receiving partial salary, 80% workers compensation, and long term disability essentially earning more than I was working. After the first year, the workers comp went down to 40%, the salary lower, and the long term disability gone. Needless to say, after 5 years of fighting for disability retirement we are a financial ruin.
Approximately $50,000 in credit card debt, owe $277,000 in total mortgage payments. (house recently generously appraised at $310,000)
My questions now that I have finally won the disability case and it will be finalized in a month:
Is my wife automatically entitled to 50% of my pension like her lawyer tells her?
Does it matter that is now going to be a disability?
How much does it matter that I put her threw college for her degree and her earning potential is much greater than mine?
I still do some computer repair but am extremely limited due to pain. I have a $21,000 earnings cap attached to the disability retirement. Currently neither one of us are employed, although we are both looking for something. Her full time and part time for me because of the disability.
All of your questions are good. In Mass If it is a contested divorce and no agreement can be reached the Judge will decide at trial what the equitable (not always equal) split will be. If you dont have a Lawyer you will have to get one. I know it is unfortunate. As you may know her lawyer is going to do whats in thier best interest. I can hear in your post your fear and uncertainty. This is normal..I go through it every day.
Thanks for the reply. Yes I am very afraid and uncertain. I certainly don't want this divorce.
I wasn't sure if there was an established precedent for disability retirement or not.
From your reply I'm guessing there's not. I am more than willing to share the amount of my pension that equals what I would receive without disability plus child support. I just feel that I am the injured one and deserve the extra disability portion. I have just gotten a lawyer, but he's playing catch up
This is a great forum to share your feelings and get some good advise. Keep posting. Its good that you have a Lawyer that will look out for YOUR best needs. All you have is today to be concerned about. I know the future is uncertain and a lot is out of your control but just keep plugging. You will make it through....
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