Brad`957
New
Reged: 05/14/08
Posts: 1
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Hello, I have been divorced since 1996 and was married for 7 years. Does my ex get any of my retirement benefits once I retire? I have misplaced my divorce papers, I know I still have them somewhere. I've heard that you must be married for 10 years before she can get a % of my retirement. Thanks for reading this, hopefully someone can answer this question.
Brad
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What will I lose
Platinum
Reged: 05/21/07
Posts: 705
Loc: PA
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Here in PA the local courthouse has your decree and if you show them your license they will copy it for you. Obviously it would be spelled out in there what they get, if anything.
Other than that that, how about calling your pension board or whoever rules your retirement and ask if there is a QDRO on file?
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call me WWIL...PA resident 39 year old , married 11 years, together 12...splitting in 13th year.
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allthumbs
Platinum
Reged: 07/12/07
Posts: 360
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Typically, in a no fault divorce, the marital estate is divided equally. So, your pension retirement would be considered part of the estate. However, the only part your ex could be entitled to receive half of would be the value of it at the time of divorce. If your retirement has increased in value since the divorce, then she wouldn't typically be entitled to half of the increase in value. However, QDRO's are complex issues. Many times, certain assets are traded for other assets or cash at the time of divorce, so your final settlement and order is needed to determine what you all agreed on.
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What will I lose
Platinum
Reged: 05/21/07
Posts: 705
Loc: PA
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[quote]Typically, in a no fault divorce, the marital estate is divided equally. So, your pension retirement would be considered part of the estate. However, the only part your ex could be entitled to receive half of would be the value of it at the time of divorce. [/quote]
I have to take (possibly) slight issue with that statement. are spouses really entitled to half your pension? That phrase is tossed around a lot. (not just by you). But I thought it was 1/2 the increase in value for duration of marriage.
In my case, a huge distinction. I worked for 7 years before i met my wife so believe that is all mine regardless of this marriage.
I may be wrong as i just filed and didnt even start working on pension valuation but once i'm sure about it, will post back my experience
just trying to give people hope that the spouse doesnt get 1/2 of everything, just 1/2 of the increase during the marriage.
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call me WWIL...PA resident 39 year old , married 11 years, together 12...splitting in 13th year.
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allthumbs
Platinum
Reged: 07/12/07
Posts: 360
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Well, you're right and I'm right, sorta. You see, any smart attorney will know the pension is a thing of value. And that his client should be entitled to a portion of it. But that's the tricky part, isn't it? So, if one had a nice pension PRIOR to getting married, then got married and then divorced 10 years later, would the ex be entitled to some or no part of the pension? If we looked at it like real estate property, or even an investment, if it increases in value during the marriage, does the ex have any claim on that increase? Even though the person obtained the property PRIOR to the marriage? I don't know. But keep in mind, courts do NOT have to divide marital property equally but equitably. Two vastly different things. So, a court could rule that the person with the pension give something else in return for the ex not having any part of it. And, to top it off, it's all negotiable.
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bluenote
Silver
Reged: 12/11/07
Posts: 76
Loc: Murrieta, CA
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In my case, I have been married for 13.3 yrs.
I was able to find the value of my pension at our time of marriage and the value at our time of separation.
I figure my STBX, she, would be entitled to her 50% stake as follows:
pension value(sep) - pension value(at marriage) / 2
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