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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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My husband divorced his first wife over 20 years ago. A court

Customer Question

My husband divorced his first wife over 20 years ago. A court order in Pennsylvania award his ex with 2/3rds of his pension. Since the divorce she has married. My husband is 72 and being forced to retire with his company of 45 years. It seems unfair that he should pay her 2/3rds of his pension for the period of time since the divorce. Is there any hope to have this court order overturned?
Submitted: 5 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 5 years ago.
Thank you for allowing us to assist you with this problem.

I'm sorry that you and your husband are facing this problem. Pension/Retirments are marital property if part is obtained during the marriage so when the divorce judge granted 2/3 of the retirement that percentage is fixed. Read the specific language of the divorce order to make sure it is a percentage without a dollar amount or limit attached because 2/3 does sound like a large percentage but there are many factors as to why that amount was set such as a future payout to offset a current debt he owed here or many other reasons. Unfortunately it is not like spousal support so it can not be reopenned.

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