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You Are Here: Pensions
        Restricted71. Divorce Source: EMPLOYEE BENEFITS - FEDERAL PREEMPTION
(�1997) Under the Supremacy Clause of the federal Constitution, U.S. Const. art. VI, 2, federal law preempts conflicting state law. The doctrine of federal preemption plays a major role in family law, particular ...
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        Restricted72. Divorce Source: UPDATE ON RETIREMENT BENEFITS
(�1997) Pension rights constitute an especially important part of equitable distribution because for many couples the largest marital asset is a pension ...
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        Restricted73. Divorce Source: USING SOCIAL SECURITY BENEFITS IN OFFSETTING AWARD
(�1996) The antiassignment statute of the Social Security Act does not prohibit the trial court from considering Social Security income when dividing the marital estate in a divorce action ...
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        Restricted74. Divorce Source: UPDATE ON PENSION RIGHTS
(�1996) Pension rights accrued during marriage play an increasingly prominent role in today ...
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        Restricted75. Divorce Source: RETIREMENT BENEFITS AND FEDERAL PREEMPTION ISSUES
(�1996) Together, the antiassignment clause and the preemption provision mean that ERISA can have a huge impact on matrimonial cases. Obviously, it is crucial to draft any pension distribution order correctl ...
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        Restricted76. Divorce Source: WAIVER OF FOREIGN SERVICE ANNUITY
(�1996) The parties property settlement agreement, in which the wife relinquished and released all rights in the husbands property, did not constitute an express waiver of her right to a share of his foreign ...
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        Restricted77. Divorce Source: DEFINED CONTRIBUTION PLANS
(�1996) In the private sector, employment practices relating to deferred compensation have changed markedly within the last decade. Years ago, most small companies did not offer any retirement plan, and large ...
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        Restricted78. Divorce Source: 'DOUBLE DIPPING' - POSTDIVORCE PENSION PAYMENTS
(�1996) The portion of a former spouses pension attributable to postdivorce employment, and therefore not subject to division as marital property at divorce, may be treated as income for postdivorce maintenance ...
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        Restricted79. Divorce Source: SICK LEAVE AND VACATION AS MARITAL PROPERTY
(�1996) In the 22 years during which the husband had worked at his job, he had accrued 1,900 hours, or nearly one year, of sick leave and vacation. Under the companys pension plan, those hours would be added ...
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        Restricted80. Divorce Source: EQUITABLE DISTRIBUTION IN A 'FRIENDLY' DIVORCE
(�1995) Pension benefits transferred by the husband to the wife in the parties divorce proceeding could not be considered income for the purpose of determining his Medicaid eligibility, even though the husba ...
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