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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

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Divorce Attorney Angela FoyQuestion:

As part of the property division in my divorce, my ex-wife currently receives 50% of my pension.

If she remarries can the pension payment be stopped?

Answer:

It depends on how the order was issued that granted her the pension benefits. Most likely, it was part of the property division in your divorce. 

If that is the case, then the payments cannot be stopped without her agreement. In most jurisdictions, property division is final as of the granting of the divorce and cannot be reopened. I do not practice in your state, so I can only speak in generalities based on my experience.

Your retirement should have been considered in the property division. The presumption in many jurisdictions is that all martial property is divided equally. This presumption also applies to your pension, so it was likely divided in half. 

However, if the pension benefits were part of a maintenance or alimony provision, then they probably should be stopped if she remarries. It is common for the order to state the maintenance stops if she remarries. Other triggers for maintenance stopping may also be listed.

Your options are limited depending on what your order states. Additionally, you may be able to make her an offer so that the pension will revert to you. 

Without knowing more about your case, I do not know what you could offer to make it worth her while to give up the pension benefits. You should seek the help of an attorney to assist you in determining what options you have.

Cordell & Cordell has attorneys located in Pennsylvania, and they would be happy to discuss your case with you.

 

Angela Foy is an Associate Attorney in the Milwaukee, Wisc., office of Cordell & Cordell where her primary practice is exclusively in the area of domestic relations. Ms. Foy is licensed to practice in the state of Wisconsin, the U.S. District Court, and the Eastern District of Wisconsin. 

 Ms. Foy received her Bachelor’s and Master’s Degrees from the University of Notre Dame. She then continued on to receive her Juris Doctor from Marquette University.


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