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Married 47 yrs & living apart 20 yrs. I've been getting 1/2…

Customer Question
Hi, married 47 yrs...

Hi, married 47 yrs & living apart 20 yrs. I've been getting 1/2 his pension until recently. He decided to give me $800 less. Can I fight this?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Started to about 15 yrs ago & he asked me to drop it, we can work it out ourselves. Was fine until 3 mo ago.

Lawyer's Assistant: Have you talked to a lawyer about this yet?

My next step.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just want to know if I'm entitled.

Submitted: 3 months ago.Category: Employment Law
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Answered in 7 minutes by:
4/2/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,860
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The only way to go to fight this is to drag him to court for divorce and get the court to enter a qualified domestic relations order (QDRO) and then your husband would no longer have the option of what to send you they would take it out of his pension automatically.

Whether or not you would be entitled to 1/2 of his pension depends on how long you were married and living as a married couple when he was paying into the pension. The court uses that time to determine how much a share of the pension you are entitled to.

You need to remind him that if you take him to court he is going to end up paying attorney's fees on top of the pension he gives you and he may want to save some money and keep paying or you will simply take him to court to get the court to order him to pay the same amount plus your attorney's fees.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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