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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100040
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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The Ohio divorce decree states: husband receives pension

Customer Question

The Ohio divorce decree states: husband receives pension rights in lieu of other additional spousal support obligations, which would otherwise be required for the appropriate and reasonable support of the Husband given the incomes of the parties during the marriage and during separation... He re-married almost 2 years ago - is he still entitled to 1/2 of my pension?
Submitted: 2 months ago.
Category: Family Law
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Well first, can you please clarify if the the husband already received pension rights, or not?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 2 months ago.
The divorce decree was finalized in November of 2012 and QDROs were set up for him to receive 50% of my IRA and pension (and part of my 401k).
Expert:  Ely replied 2 months ago.
Thank you. I see what you are saying. Essentially:
"H waived alimony in favor of pension. But since alimony may be reduced/voided due to remarriage, should not the same apply to the pension then, since the pension was chosen in lieu of alimony?"
Not necessarily. Even though the pension generally cannot be minimized at remarriage because the accrued pension is community property, but alimony can be minimized or voided if a party remarries, the fact is that this was an agreed upon divorce (meaning, I am guessing that the parties came to an agreement over the divorce). Just because he chose A over B, does not mean that A can be voided by the same application of law as B.
The Court knew very well what the decree stated. He could choose pension or alimony, but it does not mean that they were IDENTICAL in scope. So he chose one which is more advantageous and which may not be voided later on. The Court is likely to uphold this.
So yes, someone in his situation can still arguably get the pension.
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