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Tina, Lawyer
Category: Legal
Satisfied Customers: 33166
Experience:  JD, BBA Over 25 years legal and business experience.
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I am going through a divorce in the sate of Florida. My soon

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I am going through a divorce in the sate of Florida. My soon to be ex worked for the state as a social worker. She filed for her pension in Nov. 2012. I am currently considering going after a portion of that pension. I want to know if there is any time limit on me to file or go after the pension.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

Have you already signed a separation agreement with your spouse? If so, what provision of the agreement has she not been adhering to?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

No no separation agreement was signed.

I see. Thank you for clarifying that for me, Terri.

The time to pursue your interest in your spouse's pension would not typically be governed by a statute of limitations, but must be pursued in the divorce proceedings.

If you are negotiating a separation agreement, then you must typically assert your right to a portion of the pension in those negotiations and not enter a separation agreement which wavies your right to such an interest.

If you and your spouse cannot agree to a division of marital property, then a trial date will normally be set in the case and the court will determine how the asset will be divided based on the evidence presented.

Here is a link which sets out the factors a court will normally consider in determining how to divide marital property:

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!


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Customer: replied 3 years ago.

Hi Again Tina,

I am sorry to keep questioning you...but I am so new to legal stuff and I don't feel confident in this divorce in many ways. My ex filed a chapter 7 bankruptcy in her own name (which you know) She is pushing me to sign the final divorce papers. She told me that the bankruptcy had been discharged. She also told me that it was still on the property but that her bankruptcy attorney was going to send a certified letter to the firm stating that it should no longer be on any paper work.

I do not really want to go after her pension but I do not want to get stuck with either the bankruptcy OR trying to get it removed from any paper work (dealing with the property)

Is there anything I could or should do to make sure this doesn't happen? Would it be helpful to request a certified letter about the discharge be sent to me and the attorney who is handling our divorce.



Hello again, Terri.

I am here to assist you in understanding. If there are provisions of the agreement you are not comfortable with, then I would not sign it since it is binding on you once you do.

If the debt was discharged in bankruptcy, then the lien should typically be released from the property, but you may want to wait to sign the agreement only after that has happened, since you will have little leverage to ensure that is done once you have signed it.

In addition, if she is not waiving her right to equity in the home, I would certainly reconsider the decision to waive your interest in her pension.
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