Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Mom Confessions Mom Confessions

Divorce question

Anonymous
Posted by Anonymous
  • 10 Replies
If I have been married 24 yrs and have a pension and my dh has a 401k but makes twice what i make can he get part of my pension in a divorce? We have both worked fulltime all these year and our kids are over 18.
Posted by Anonymous on Jun. 18, 2013 at 11:14 PM
Add your quick reply below:
You must be a member to reply to this post.
Replies (1-10):
Trisha234
by on Jun. 18, 2013 at 11:15 PM
1 mom liked this
Depends on whether you are in an equity state.
Anonymous
by Anonymous - Original Poster on Jun. 18, 2013 at 11:17 PM
Michigan?


Quoting Trisha234:

Depends on whether you are in an equity state.

Anonymous
by Anonymous 2 on Jun. 18, 2013 at 11:18 PM
depends on many things...

if taking away your income will make his "lifestyle" decline, you could pay him in some way.

talk to a lawyer. (obviously you will)
MrsDavidB25
by Stacey on Jun. 18, 2013 at 11:18 PM

 Do you think he will seek your pension?

Anonymous
by Anonymous - Original Poster on Jun. 18, 2013 at 11:20 PM
Possibly. But he has a lot more money than me he makes over twice what i make I have always worked for health insurance.


Quoting MrsDavidB25:

 Do you think he will seek your pension?


Trisha234
by on Jun. 18, 2013 at 11:22 PM
Idk whether Michigan governs divorces on the 50/50 principle. If so, then you would receive a portion of his pension that MI believes is fair and equitable. Because you have your own retirement, you may be entitled to only 1/4 of his. Or none at all. But probably not half. You have to ask a MI lawyer. After 24 years though (and you don't have to answer this to me) please give divorce vs staying together very serious consideration. That's a lot of history. Either way, good luck to you.
MrsDavidB25
by Stacey on Jun. 18, 2013 at 11:23 PM

 I really wouldn't worry about it. You both have worked full time, he has a 401k, you have pension. Any judge would be crazy not to just let you both walk away with your own retirement plans.

Quoting Anonymous:

Possibly. But he has a lot more money than me he makes over twice what i make I have always worked for health insurance.


Quoting MrsDavidB25:

 Do you think he will seek your pension?


 

tonesofhome
by on Jun. 18, 2013 at 11:25 PM

they do


Quoting Trisha234:

Idk whether Michigan governs divorces on the 50/50 principle. If so, then you would receive a portion of his pension that MI believes is fair and equitable. Because you have your own retirement, you may be entitled to only 1/4 of his. Or none at all. But probably not half. You have to ask a MI lawyer. After 24 years though (and you don't have to answer this to me) please give divorce vs staying together very serious consideration. That's a lot of history. Either way, good luck to you.



Lilypie Third Birthday tickers
Anonymous
by Anonymous - Original Poster on Jun. 18, 2013 at 11:25 PM
It's empty nest time and I think I am done here :( taking it a day at a time though.


Quoting Trisha234:

Idk whether Michigan governs divorces on the 50/50 principle. If so, then you would receive a portion of his pension that MI believes is fair and equitable. Because you have your own retirement, you may be entitled to only 1/4 of his. Or none at all. But probably not half. You have to ask a MI lawyer. After 24 years though (and you don't have to answer this to me) please give divorce vs staying together very serious consideration. That's a lot of history. Either way, good luck to you.

Trisha234
by on Jun. 18, 2013 at 11:31 PM
Aaaw. Sorry you having a tough time. I know a couple who did a couples retreat for a weekend - followed by counseling of course. They stayed together after about 30 years of marriage, empty nest, and infidelity. The retreat and counseling worked for them. It's been five years since then and they are happier than ever. Anyway - it's not my business. I am sure you make informed decisions on your own. Good luck!
Add your quick reply below:
You must be a member to reply to this post.
Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)