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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 03-26-2011, 12:59 PM
lorlaman lorlaman is offline
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Default Pension Entitlement

I (the father) have just returned from my case conference where my ex was granted 1,500 monthly in support from me.
I have the kids and live in the house until it is sold and she was not ordered to pay CS.

She has a cash job cleaning houses at $25 hr but says that she is penniless with little to no work and the judge ordered her to look for more clients (she stopped advertising in our local free ads right after she made her court proceedings in Dec, 10). She claims she only works 8 hrs per week= $200, $850 per month.

During the case conference her lawyer went after my pension, which I am in the position to retire on since I have worked there for 31 years and it was a condition of employment to belong to the pension plan, like it or not. The contributions to the plan are shared 50/50 with employer.

We are not married and have lived together for 25 years, she has not contributed to the pension plan, and has worked sporadically over the relationship since the kids were born in 1996 and 1998.

I need to know, and it seems really muddy, if she has a claim to the pension. Her lawyer asked the judge to investigate the pension plan for conditions and the judge told him to verify the pension. I am not sure what exactly he is to investigate and verify because I could not hear exactly what happened ( I have limited hearing capability).

Under what conditions would she be entitled to my pension? It does not fall under the Federal Pension plan (government service etc.)
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Old 03-29-2011, 03:38 PM
Jayz Jayz is offline
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The future value of your pension is treated like any other financial asset. You as pension holder will have to engage an actuarial to determine the future value.
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Old 03-29-2011, 05:57 PM
lorlaman lorlaman is offline
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In another post, it was stated that in a common law relationship, there are no matrimonial assets.
What specifically is her lawyer supposed to find out?
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Old 03-29-2011, 06:01 PM
today today is offline
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think op said not married, common law? then pension not up for grabs or split. however she may make a claim for for varios reasons but not automatic, not a given, should be able to fight it successfully.
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Old 03-29-2011, 06:04 PM
lorlaman lorlaman is offline
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Yes not married; commonlaw.
is i correct that there are no matrimonial assets then?
Do you know what section of the FLA I cold look this up?
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Old 03-29-2011, 07:30 PM
Mess Mess is offline
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You should just read the FLA. The law is written in a staged manner. The first sections deal with matrimonial property and the definition of spouse requires marriage.

The later sections dealing with spousal support redefine spouse for that section only.

There is no section that will specificly answer your question in a black and white manner.

I suspect what her lawyer and the judge were concerned with were the specific rules for your pension plan as defined by the provider. It may have it's own clauses, separate from law, that stipulate that a common law spouse will share the pension. The law requires that the pension's own rules be followed in such a case. You need to consult your employer.
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Old 03-29-2011, 07:39 PM
lorlaman lorlaman is offline
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Thanks Mess,
Sheds a little more light.
I was under the impression there may be a difference if the pension was voluntary; you join if you like or a condition of employment. In my case, it is a condition of employment.
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Old 07-24-2011, 12:32 PM
lorlaman lorlaman is offline
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My pension states that spouse is defined as in the FLA. There is no different treatment of the pension. What the FLA defines, is what they go by.
Any thoughts?
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