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Ok,its retirement time,and my ex wants a certain amount of

 
PaulMJD's Avatar
  • Answered by:PaulMJD
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Customer Question

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 my
medical 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 agreement
of calling it even over 10 years ago.Now,she has her hand out again,I know
legally she could press it,and also ask for half,she only asked for some every
month,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 mother
to my kids,and her health is not up to parr.I need a fair percentage,and then
try to make it one lump sum to be done with it.
Thanks
RJC....
ps. this was my free question from the last time i paid.At least thats what your team wrote to me.....

 

Optional Information:
State/Country relating to question: United States

Submitted: 326 days and 7 hours ago.
Category: Family Law
Value: $25
Status: CLOSED
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Expert:  PaulMJD replied326 days and 6 hours ago.

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.

Customer replied326 days and 4 hours ago.

It is all verbal,no order,no nothing,we just went our own ways.No granting

of anything.The only thing she did was she changed her last name back

to her maiden name,thats it....

Accepted Answer

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Expert:  PaulMJD replied326 days and 4 hours ago.

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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Expert TypeLawyer
Category: Family Law
Pos. Feedback: 98.3 %
Accepts: 9086
Answered: 7/28/2012

Experience: Experienced attorney: Family law, Estate Law, SS Law etc.

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