I am currently going through a separation. I also plan on retiring shortly with a federal military pension. Based on my service time and years of marriage my spouse will be entitled to about 40% of my pension. As a federal pension this will be paid as a lump sum and locked in until eligible for withdrawal.
My understanding was that pensions were treated as property. My spouse will get half of my pension from our time together. The difference, namely 20% more for me, is based entirely on my years of service before marriage. I thought that once the pension was divided it was taken off the table.
However, my spouse is claiming that the 20% difference, the ´tail’, is to be treated as income for spousal support calculations. Is this not double dipping, as mentioned in the SSAG and the Boston case? In effect she would getting half of my pension for my entire career, even the years we weren’t married. Can anyone shed some light, with a reference if possible? Thanks.
My understanding was that pensions were treated as property. My spouse will get half of my pension from our time together. The difference, namely 20% more for me, is based entirely on my years of service before marriage. I thought that once the pension was divided it was taken off the table.
However, my spouse is claiming that the 20% difference, the ´tail’, is to be treated as income for spousal support calculations. Is this not double dipping, as mentioned in the SSAG and the Boston case? In effect she would getting half of my pension for my entire career, even the years we weren’t married. Can anyone shed some light, with a reference if possible? Thanks.
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