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Reged: 06/08/06
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My rights to half of my husband's pension
      #116094 - 06/08/06 05:57 PM

I have been told that half of my husband's pension belongs to me upon divorce or legal seperation by law...Can someone tell me if this is true. We have been married 39 years and he has filed for a divorce. I am fighting it, going for legal seperation to be able to keep my medical insurance under his retirement plan.

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Carpal \'Tunnel

Reged: 06/01/04
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Re: My rights to half of my husband's pension [Re: MegHunt]
      #116108 - 06/08/06 06:33 PM

Your husband's pension...the part that was earned during the course of the marriage, would be considered a marital assets and added to the "kitty" for equitable distribution.

As for getting a legal separation instead of a divorce...not going to happen. And the more you fight, the less there is going to split up because attorneys cost money.

Note...you should be able to keep the same medical insurance plan, though it may cost a few dollars more. Your attorney can advise you on this.

If you air your dirty linen in public, expect people to comment on the skid marks!

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Carpal \'Tunnel

Reged: 06/02/04
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Re: My rights to half of my husband's pension [Re: Gecko]
      #119763 - 06/22/06 12:33 AM

Anythinjg that is acquired during the marriage (at a minimum) is considered marital and divided in a divorce. That would include retirement benefits.

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