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#770625 - 09/10/15 08:01 PM Alimony and pensions
LNorris Offline

recently joined

Registered: 09/10/15
Posts: 1
I am getting a divorce in NJ. I am 58 and was getting ready to retire. Because I have been married for 26 years obviously I owe alimony to my nonworking spouse. When I retire my sole source of income will be a defined benefit pension plan. I am told that not only will my spouse get half my pension but I will still owe alimony. How can it be fair that she can take essentially 2/3rds of my income ?

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#770626 - 09/11/15 02:45 PM Re: Alimony and pensions [Re: LNorris]
TJMH Online   content

enthusiast

Registered: 07/17/15
Posts: 347
Typically defined benefit pensions are defined as a marital asset, not as income. If the entire pension benefit was earned during the marriage she would be entitled to half.

Alimony is generally based on the differential between your income and hers. If you have no other source of income other than your half of your pension then there would be no differential and you shouldn't owe alimony.

I'm not a lawyer, but that's the way I understand it.

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