Is My Wife Entitled To My Monthly Pension If She Makes More?

pensionQuestion:

I am preparing to retire at the end of the year. I also fear I may be heading towards a divorce with my wife.

My wife plans on continuing working for several years and is listed as the beneficiary to my pension when I die. Her yearly salary will be more than my yearly retirement pay.

If we divorce, is she entitled to half my monthly pension pay even if her work salary is more?

Answer:

While I am not licensed to practice law in your state and cannot give you legal advice, I can give some general observations on this issue based on the jurisdiction where I practice.

Generally, the division of marital property is a three-step process.

Omaha divorce attorney Nancy Shannon
Omaha divorce attorney Nancy Shannon

First, decide what is, and what is not, marital property. Any asset or debt acquired during the marriage is considered to be marital property, unless an exception applies (such as an inheritance).

Second, give each asset and debt a value.

Third, assign each asset and debt to one party or the other. From this last step, each party will then have a net value of assets and debts received. The party with the higher net value of marital property received will need to pay an “equalization payment” to the other party, so that the net values are close to equal.

I would expect that portion of your pension that was earned during the marriage will be part of the property equalization process.

It is important that you consult a domestic litigation attorney in your state to find out how your state’s laws apply to your situation, and what kind of steps can be taken to protect your financial position.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Nebraska divorce lawyer Nancy Shannon, contact Cordell & Cordell.

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Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on CordellCordell.com, CordellCordell.co.uk, and DadsDivorce.com, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

One comment on “Is My Wife Entitled To My Monthly Pension If She Makes More?

    Remember that she’ll have a pension too and that will also be part of the marital assets. Even if she can’t take it for a few years it’s still an asset.

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