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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
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Experience:  Licensed experienced Attorney
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I have a substantial cash based pension that I have accrued

Resolved Question:

I have a substantial cash based pension that I have accrued over 30 years at the company I work for. My question is, I am preparing to seek divorce actions for a marriage of 3.5 years. We have no children but I know that I'll be paying spousal support for a year or so. Can the entire settlement be taken from my cash based pension per the QDRO (Qualified Domestic Relations Order) process.

This will allow me to keep my house.

Thank you!
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

It appears that you are being subject to spousal support, despite the fact that your marriage is somewhat short term.

Do you have a lot of marital assets?

Have you consulted and retained an experienced local divorce attorney to represent and advice you in your upcoming divorce?
Customer: replied 1 year ago.


We do not have a lot of marital assets. I did purchase a home prior to the marriage or 3.5 years prior. We have acquired very little together while married.


 


Her credit is bad so she drives a car that is in my name but she makes the payments and that's it. I pay for the mortgage on the house, and all the other bills.


 


I have talked to an attorney in the Tucson area but have not retained him yet, as I am still accessing the financial impact and as my company has indicated that they have seen settlements from the cash based pension program via the QDRO process.


 

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

You will definitely be able to get your settlement setup through the QDRO process, as it is a common way to arrange marital property settlement process, as long as, both sides and pension plan administrator accepts it.

The issue that you would need to explore with an experienced local divorce attorney, is the fact that you were in a short term marriage that lasted little over 3 years and did not acquire many marital assets, so generally while your wife might be entitled to a short term (1-2 year) spousal support, providing great difference between your and her income, she should not generally be entitled to much more, when it comes to division of marital property / marital property settlement agreement.

Divorce can be a life changing event and you should definitely consult and retain an experienced local divorce attorney who can make sure that your legal rights are well protected and your wife does not get more than she is legally entitled to in your divorce.

You can find an experienced local divorce attorney by using this well trusted and reliable attorney information / referral websites:

www.martindale.com

www.lexmundi.com

www.lawyers.com

www.justia.com


I wish you the best of luck and please let me know if you have any related follow up questions.

Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 13523
Experience: Licensed experienced Attorney
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