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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 34881
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I am married to my wife for 5 years, not getting along. is

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I am married to my wife for 5 years, not getting along. is she intitled to my pension and my social security I am 63 she is 46 she has a17 year daughter[ not mine] divorce is next We were married in New York 2005
Submitted: 5 years ago.
Category: Family Law
Expert:  LawTalk replied 5 years ago.

Good morning,

I'm sorry to hear of your dilemma.

Based on the minimal number of years you have been married, the impact on your pension will be minimal, if any, given that in the past 5 years most pensions have not appreciably gained any value.

She can argue that she is entitled to part of the increase in the value of your pension during the marriage---but that would be all--and as I suggested, it is likely to be little or nothing at all. She is NOT entitled to any of your social security pension.

Finally, based on the very few years you have been married, and the fact that you are not the natural father of her minor child---I do not expect that the court will order that you pay any spousal support to her either.




I wish you the best in 2011.




Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Thanks Again,




Edited by LawTalk on 2/1/2011 at 1:47 PM EST
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