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If a husband pays temporary maintenance to his wife using…

If a husband pays temporary...
If a husband pays temporary maintenance to his wife using the funds from his pension plan that is a marital asset can the wife still seek equitable division of the pension even though she agreed to begin receiving temporary maintenance payments while the separation was pending.Currently, H is receiving pension payments. We are not yet legally separated, but when we do file my concerns is that any temporary maintenance that I receive from him directly may have an impact on my ability to seek equitable distribution of the pension as a marital asset.Look forward to receiving your answer.
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Answered in 8 hours by:
3/20/2018
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 182
Experience: Attorney
Verified

Generally receiving temporary maintenance where the source of the funds is a pension will not impact your ability to seek equitable distribution of that pension. One exception I could see where it would impact the distribution would be if the amount that was received was a significant portion of the total asset. For instance, lets say the total marital assets of both parties totaled 100k dollars and during the pendency of the divorce you received 40k of those assets already leaving 60k, if you were then to receive half of that 60K (30k) the total amount you would have received of that asset would have been 70k vs him receiving 30K so the court would likely award you a little less of the remaining asset to balance out how much each party receives t the final judgment. So it would not prevent you from receiving anything more at the final judgment, just how much more.

The court will take into consideration all of the income, assets, and debts (among others: Health, education, age of the parties, length of the marriage, etc.) of the parties to determine what will be an equitable distribution. His paying now out of the pension will also have less of an impact depending on whether these payment amounts were similar to the amounts that were contributed during the marriage to the household, and the ratio of the amount received to the total marital assets and income. The smaller the ratio the less it will impact the amount the recipient of those payments will receive of the total marital assets at the final judgment.

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N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 182
Experience: Attorney
Verified
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