udriver02
recently joined
Reged: 09/25/06
Posts: 2
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i have been married 5 years a 2 months to 2nd wife. i have a injury from work that was originally done in 1990. it has lead to a disability and i am looking at getting a workers comp settlement. we are on the brink of divorce and have been for the last 3 years. actualy should have never happened. I have heard from people that wife is waiting for me to get settlement then give me a divorce because she wants half the settlement. is she entitled to half and is she entitled to any of my pension after only 5 years. thanks for any answers. i live in michigan.
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spinnerdegrassi
Carpal \'Tunnel
Reged: 08/20/06
Posts: 7952
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Legally not sure. I would think though that your settlement is based on a condition that existed prior to your marriage, and regardless of whether the settlement took 1 year or 10 years to secure, i would think that there's a better than average chance that it becomes the equivalent to a pre marital asset.
as far as your pension....at only 5 years...while possible..less likely. Especially if that pension was accrued once again prior to yoru marriage. If I work at a job with a pension that kicks in say at age 65, but I leave the job at 50, marry at 55, then go to divorce at 60, I don't see why the pension which was relative to a time prior to the marriage would have any bearing on the present.
I'd say check with a lawyer, although I"m not too sure how sympathetic judges would be with someone trying to extract money from the physical misfortune of another.
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NancyD
Pooh-Bah
Reged: 06/03/05
Posts: 2105
Loc: New York
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The length of a marriage and the right to a portion of your pension is determined by state law, I believe, so you would do best to check with a local lawyer about what is law in your area. I have heard seven years and ten years for two different states.
Once a divorce petition is filed, the clock stops on accumulating rights for pensions and most other income. If I were you and I really saw no hope for the marriage, I would file ASAP.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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The answer lies in the nature of the settlement. If it is for lost wages, then the lost wages during the marriage may be marital. If it is for ongoing diabilty, it is a personal injury and yours.
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udriver02
recently joined
Reged: 09/25/06
Posts: 2
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makes alot of sense. thanks for the response. by the way maury do you know the amount of time you have to be married before a second wife can take some of your pension. My first wife got a quadro because we were married 24 years. second wife only 5 years and probably going to end here shorltly.
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