Divorce Support Forums: pension...do you get it back if spouse dies

[quote]I think you're confusing alimony (based on inocome) and the cash flow from an asset (your "pension"). Your pension is an asset, similar to your house - except that you cannot "sell" your pension and get cash now for it.[/quote]

no not confusing them at all. Someone else suggested it may be better for me to pay her what the pension normally would pay her upon my retirement instead of actually signing over the pension to her. This would be for ease of transition of the pension back to me if she dies before i retire.

so for example if her part of the pension she would get from the state is 100 a month, today id write up an agreement that upon retiring, i would pay her 100 per month.

so my question is, if i do it this way, can i count the 100 as alimony since i am paying her cash.

[quote]
It really is in your best interests to "lump sum" her - even if it means paying out a little more of your 401K.
[/quote]

i know you can remember all my details but you cannot take any money from a state pension EVER. and i dont have a 401k at all. And the little Roth that i do have i dont even know if i can legally take out that much and the total value is only 7K today...hardly a drop compared to my pension.

[quote]
Another thing to consider - what's happening all over is that employers are getting out of pensions they promised employees. They in essence "buy out" the employee's interests and invest the funds in 401k's. Yes, this has even happened to state employees in some areas. The last thign you want is to get a big lump of cash some day in the future, and have her show up to claim half at that point! Or worse, owe her some previously promised amount monthly once you retire.... [/quote]

I'm truly lost by your statement. If today both parties agree that the pension would be 100 a month when i retire (the part she is legally entitled to), what in the legal world could change that amount? She will only ever have been married to me for 13 years and that wont ever change. So even if that improbable thing you said about buying out does happen, i do not understand how that would make what she 'made' during the marriage change and change our legal agreement? She's owed X dollars period. End of story. If an actuary figures it out today and everyone agrees, i am sure that cant be changed.

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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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