Ok,its retirement time,and my ex wants a certain amount of my pension each month.We were married 20 yrs/been apart for 22 yrs,no divorce/she used mymedical all this time with 3 surgery's costing over 120.000.I also paid our past due IRS taxes during our marriage,another 25,000.A verbal agreementof calling it even over 10 years ago.Now,she has her hand out again,I knowlegally she could press it,and also ask for half,she only asked for some everymonth,what would be fair if any.I know this is what i get for not following through with the divorce,but we are still friends,and she was a good motherto my kids,and her health is not up to parr.I need a fair percentage,and thentry to make it one lump sum to be done with it. ThanksRJC....ps. this was my free question from the last time i paid.At least thats what your team wrote to me.....
State/Country relating to question: United States
When you divorced, was a Qualified Domestic Relations Order issued granting her a portion of your pension? Was you pension addressed in your divorce order? What did it say?You are a subscription customer, meaning you paid your monthly subscription and you can leave feedback and not be charged any additional sums for leaving good feedback for the experts.
It is all verbal,no order,no nothing,we just went our own ways.No granting
If there was never a domestic relations order, you could challenge her entitlement to your pension and you can challenge the claims to the pension based on your payment of all of the other expenses. Without a domestic relations order from the court she will not get the pension to pay her directly and it would be on you to pay her. Without an actual court order and only a verbal agreement you are not bound to do so and you can 1) seek to negotiate some lump sum pay off in writing with her to waive further claims or 2) you would have to go to court to seek an order to determine her share based on everything you paid already and the marriage time.Unfortunately, because you were married for 20 years, typically the courts would give her 50%, but would adjust this by the money you already paid. To determine a fair amount for a lump sum, this is based on what you are really willing to settle for paying. Usually, based on your age and the value of your pension a typical payoff lump sum is 10%-20% of the total value of the pension.
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