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Divorce/Separation
User Topic: Pension questions...
AlwaysBeenStrong
Member
Member # 39888
Default  Posted: 5:30 PM, September 19th (Thursday)

So the ex claims that I am only entitled to how much his he's acquired as of right now. Not half of what he gets when he actually retires.

Is this true????


BW: 41 (me)
Divorced soon.
Moving forward.
Pre Nursing Student
Getting a Do over at 42

Posts: 125 | Registered: Jul 2013 | From: Lonelyville
Take2
Member
Member # 23890
Default  Posted: 5:38 PM, September 19th (Thursday)

Typically it will work:

Spouse gets 50% of:

time invested in the pension during the marriage/over the length of time invested in the pension program.

ex: married 10 years until divorce is final (8 while he worked on the job) - then he finishes off the job in another 12. you'd be entitled to 50% of 8/20 of his pension.

When and how you get it is dependent of the type of pension (state/civil you'll wait til he retires to get anything).



"We must be willing to get rid of the life we've planned, so as to have the life that is waiting for us." Joseph Campbell...So, If fear was not a factor - what would you do?

Posts: 4135 | Registered: May 2009 | From: New England
AlwaysBeenStrong
Member
Member # 39888
Default  Posted: 5:41 PM, September 19th (Thursday)

Well technically he has 2 pensions. One from his first job and one he is incurring now and has only been at this job for a few years. There was even a few years of me supporting him while he was laid off.

We have been married for 17 years and was at his prior job before we were married. He's only claiming there's only said amount in at this job of what he will be getting and even said he will never claim them and live in a cardboard box...I picked a real winner huh?


BW: 41 (me)
Divorced soon.
Moving forward.
Pre Nursing Student
Getting a Do over at 42

Posts: 125 | Registered: Jul 2013 | From: Lonelyville
Nature_Girl
Member
Member # 32554
Default  Posted: 6:32 PM, September 19th (Thursday)

Much to my shock, and I certainly never intended this, the 401(k)'s that STBX acquired before he even met me are going to be split with me via the QDRO.

He could have avoided that by simply being reasonable about what was acquired while we were married. But since he fought & won to keep for himself what was acquired during the marriage (think a couple hundred thou), his before-marriage assets are on the chopping block.

I never would have wanted to touch what he acquired before he even met me.

When it comes to Social Security, I'm entitled to whatever is the normal spousal benefits when he retires (assuming I don't remarry, which trust me, I won't be getting remarried). There's no calc for what he put in only during our marriage.

I'm not so sure your STBX can never claim his benefits. IIRC, he will HAVE to take distribution at some point.


Me = BS (Stay-at-home-mom)
Him = EX-d out (abusive troglodyte NPD SA)
3 tween-aged kids
Together 20 years
D-Day: Memorial Weekend 2011
2013 - I DIVORCED HIM, I'M FREE!
http://www.youtube.com/watch?v=RBOJpIwF47Y

Posts: 9829 | Registered: Jun 2011 | From: USA
AlwaysBeenStrong
Member
Member # 39888
Default  Posted: 6:56 PM, September 19th (Thursday)

Well, I was with him when he started working, but just not married. He actually acquired the job when I was pregnant with our son. Would this be considered anything in the court? Technically, I have been with him since he started working in his field. Or do they just go by the years of marriage? He already has threatened to call an attorney for Men (there's a nearby attorney claiming why do men always have to suffer financial...call so and so and we will let you keep...blah blah blah)


BW: 41 (me)
Divorced soon.
Moving forward.
Pre Nursing Student
Getting a Do over at 42

Posts: 125 | Registered: Jul 2013 | From: Lonelyville
AlwaysBeenStrong
Member
Member # 39888
Default  Posted: 6:56 PM, September 19th (Thursday)

Well, I was with him when he started working, but just not married. He actually acquired the job when I was pregnant with our son. Would this be considered anything in the court? Technically, I have been with him since he started working in his field. Or do they just go by the years of marriage? He already has threatened to call an attorney for Men (there's a nearby attorney claiming why do men always have to suffer financial...call so and so and we will let you keep...blah blah blah)

[This message edited by AlwaysBeenStrong at 6:57 PM, September 19th (Thursday)]


BW: 41 (me)
Divorced soon.
Moving forward.
Pre Nursing Student
Getting a Do over at 42

Posts: 125 | Registered: Jul 2013 | From: Lonelyville
AlwaysBeenStrong
Member
Member # 39888
Default  Posted: 6:57 PM, September 19th (Thursday)

sorry for the double post...my computer sometimes has a mind of her own....lol


BW: 41 (me)
Divorced soon.
Moving forward.
Pre Nursing Student
Getting a Do over at 42

Posts: 125 | Registered: Jul 2013 | From: Lonelyville
ruinedandbroken
Member
Member # 29250
Default  Posted: 9:53 PM, September 19th (Thursday)

I got half of my xh pension that he acquired during our marriage. We were married 14 years so I got 7 years of his pension. I won't get anymore after that.


“People who cheat feel that life is for the taking, and that everyone deserves happiness no matter what the cost. I must remember these tricks if I ever have my soul surgically removed."
Me: BS 42. Him: WH 41 2 Kids 6&9
Married 14 yrs Together 21

Posts: 1575 | Registered: Aug 2010
Topic Posts: 8