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#169831 - 12/02/06 02:39 PM pension loss in Ohio question
gccman Offline
recently joined

Registered: 12/02/06
Posts: 2
Maybe a silly question, but how long do you have to be married before the wife can get any of my pension? Only been married 2 1/2 years, I understand about half of the 401K, just wondering if the pension is any different.
Thanks

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#169832 - 12/02/06 05:33 PM Re: pension loss in Ohio question [Re: gccman]
Karen1 Offline
Pooh-Bah

Registered: 06/02/05
Posts: 1804
Loc: Ohio
I am in Ohio... and not sure on the pension issue My marriage was of almost 30 years duration and the pension earned during those 30 years was divided in 1/2. I am speaking of pensions and 401's, not social security.

My educated guess is that at most, the pension and/or 401 earned during the 2 1/2 years could be subject to be divided in half.

The ending date for dividing in 1/2 is not always the date one left, filed for divorce etc. Mine was a long term marriage and from filing to finalization the divorce process was about 1.5 years. Our date for dividing pensions was not the day EX left, nor the date I filed for divorced.. the magistrate determined the date to be midway between the date I filed and the date of finalization. Keep in mind that the pensions etc. of both of you are marital assets..
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"Don't cry because it's over, smile because it happened".

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#169833 - 12/03/06 06:50 PM Re: pension loss in Ohio question [Re: Karen1]
gccman Offline
recently joined

Registered: 12/02/06
Posts: 2
Thanks for the reply. I still have 10 years to go before retirement, I guess I'll need to ask an attorney and see what the deal is. This is never easy and there are too many rules!
Never again...
Thanks

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#169834 - 12/04/06 12:07 AM Re: pension loss in Ohio question [Re: gccman]
Karen1 Offline
Pooh-Bah

Registered: 06/02/05
Posts: 1804
Loc: Ohio
You are welcome. Your'e right, it is never easy and those rules... after a 30 year marriage, everything we had was joint. Settlement phase took a long time because it was not just possessions we had to divide. I guess equitable distribution is fair in the court room but does not always seem to work that way in reality.

If you do find that your pension and 401 earned durign the marriage are subject to division... you can offer other assets to your stbx instead of splitting those assets. All the courts care about is settling assets equally, or close to it.

I understand the never again... but many on different forums on this board have married again. I especially like the LIfe after Divorce forum... when I first came here it was extremely helpful to me and was encouraging to see how many posters had not only survived their divorce but were thriving in their new lives, and in many cases, new marriages. Gave me hope for the future.
_________________________
"Don't cry because it's over, smile because it happened".

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