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#162501 - 11/08/06 05:52 PM Ohio Divorce laws (URGENT)
TMak1959 Offline
recently joined

Registered: 11/08/06
Posts: 1
I am in the process of a divorce. Not that I wanted one. My ex left me for another man. I gave her everything she wanted. The only thing I have left is my pension and my pride. Is it true that she will be able to take half my pension even tho she left me after 28 years and it was all her doing and choice? What is to stop her from marrying someone else, divorcing him and collecting 1/2 his pension too? We have no children and we have claimed bankruptcy. She makes more money than I do. She just wanted to wash her hands and walk away but now she wants half my pension? Is there anyway to stop her from getting it in OHIO?

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#162502 - 11/08/06 07:08 PM Re: Ohio Divorce laws (URGENT) [Re: TMak1959]
matart1 Offline
Carpal \'Tunnel

Registered: 09/01/05
Posts: 2798
you can request her half of her pension in the same manner that she requested yours......you can also request that all property be divided equally.

considering she is at fault for the divorce ( if you can use the adultry as fault )- makes more money than you - and took possession of all belongings - you may or may not come out ahead ...
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#162503 - 11/09/06 01:22 AM Re: Ohio Divorce laws (URGENT) [Re: matart1]
Buckeye Offline
Carpal \'Tunnel

Registered: 12/08/05
Posts: 7873
Loc: OH
Long term marriage, she makes more money, why not ask for spousal support too.

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#162504 - 11/10/06 05:47 AM Re: Ohio Divorce laws (URGENT) [Re: Buckeye]
Maury Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 8182
Loc: This Asylum --->
"Is it true that she will be able to take half my pension even tho she left me after 28 years and it was all her doing and choice?"

Yes. Anything that you acquired during the marriage is marital and divided.

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#162505 - 11/12/06 01:27 AM Re: Ohio Divorce laws (URGENT) [Re: TMak1959]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
YOu get half of whatever she has too, and since she makes more money than you and you are in a long term marriage you NEED to request alimony for 14 years minimum. Ask for LIFETIME alimony, that should get her to shut up about the pension.
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#162506 - 11/12/06 04:41 PM Re: Ohio Divorce laws (URGENT) [Re: TMak1959]
Karen1 Offline
Pooh-Bah

Registered: 06/02/05
Posts: 1804
Loc: Ohio
I am in OH. Ex left for OW after 30 year marriage. EVERYTHING earned or obtained during the marriage is subject to division.
My ex earns much more than I do and he also thought all he had to do was take what he wanted and move out. He found out it was not that easy.

The only way I know of to stop her from getting 1/2 of your pension is if you can get her to agree not to. That can be done if your half of another asset is valued the same and she is willing to trade off.

Have you gone to an attorney? You would probably be eligible for spousal support and even if you do not want that it could be a real powerful bargaining tool for you.

Karen
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"Don't cry because it's over, smile because it happened".

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#162507 - 11/12/06 04:49 PM Re: Ohio Divorce laws (URGENT) [Re: matart1]
Karen1 Offline
Pooh-Bah

Registered: 06/02/05
Posts: 1804
Loc: Ohio
OH does not really care about fault and it can be quite costly in attorney fees to go that route.

As stated above, I have similarities with OP in my divorce case. My ex committed adultery and although this was not brought up as fault, I do think it helped my case. I came out ahead, and much further ahead, than I would have, if I been stupid enough to sign the dissolution papers ex had all worked out and handed me the day he left. He was so smug, thought he had it all worked out. It was so to his advantage and was a pathetic attempt at trickery IMO.

I tossed them to the floor and told him I was not signing a thing. I believe that was his first inkling that it just might not be as easy as he thought it would be.

Karen
_________________________
"Don't cry because it's over, smile because it happened".

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#162508 - 11/12/06 04:49 PM Re: Ohio Divorce laws (URGENT) [Re: Buckeye]
Karen1 Offline
Pooh-Bah

Registered: 06/02/05
Posts: 1804
Loc: Ohio
Good advice Buckeye. That might take the wind out of her sails a bit!
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"Don't cry because it's over, smile because it happened".

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