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  • divorced in 31 days

    My ex's lawyer sent me the divorce papers the other day.
    he said it will be over in 31 days nothing to pay cause she payed for it .
    its a simple divorce unless i want to contest anything ..
    so my question is this
    she had in the past wanted half my pension but on the papers it's just a divorce.
    so can she at a later date go for half my pension ?
    or is it over if i just sit back and wait till May 4th 2015 and it will be all over thank god ..

  • #2
    A good question for you to pose to your lawyer.

    I would personally want a statement stating that equalization of all matrimonial has been finalized or something to that effect.

    I was divorced in a relatively short period of time, however, my ex made taking me to court for 5 years his hobby of sorts. He was contesting a spousal support clause. Do you have children and/or any sort of support Order? Children of the marriage?

    You are wise to ask questions. By doing so you are "measuring 2 x and cutting 1 x" so-to-speak.

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    • #3
      Originally posted by nomad View Post
      My ex's lawyer sent me the divorce papers the other day.
      he said it will be over in 31 days nothing to pay cause she payed for it .
      its a simple divorce unless i want to contest anything ..
      so my question is this
      she had in the past wanted half my pension but on the papers it's just a divorce.
      so can she at a later date go for half my pension ?
      or is it over if i just sit back and wait till May 4th 2015 and it will be all over thank god ..
      Is it a federal government pension? If so, then yes, she can come back at any point in the future and get half directly from the pension administrator. The only defense against this is to have language in your separation agreement equalization section accounting for the share she ought to have gotten. For example, it could say that you took on X debt unfairly instead of giving her X amount of pension. Or it could say that she got half the house + X while you kept the full pension of 2X value.

      I don't know how non-federal pensions work. In theory, your lawyer should have had you contact your pension administrator to find out how it works when you asked them for the asset value to be divided. However, it doesn't always happen. I didn't find out from either my lawyer or my pension administrator during the separation process. I found out years later at a retirement info session.

      May the Fourth be with you.

      Comment

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