Can an ex spouse refuse to pension rights to his wife in a divorce proceeding?
I take it you mean can a spouse refuse to split his pension rights with his wife on divorce? The simple answer is no but as usual it is not always as simple as that in reality. Pensions are generally classed as matrimonial property and as such should be actuarially valued and included in the assets to be split. In practice what normally happens is that the value is usually offset against other property and a total value is obtained that is then paid but the pension MUST be included in the calculation.
Hope this helps. Please click ACCEPT for my time to be credited.
Thank you, XXXXX XXXXX gathering this information for a friend and hope that this will help clarify her situation
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).