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my rights

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Latest post Tue, Dec 11 2012 8:37 AM by Drew. 5 replies.
  • Mon, Dec 10 2012 5:23 PM

    • wanda assam
    • Not Ranked
    • Joined on Mon, Dec 10 2012
    • ME
    • Posts 1

    my rights

    I have been married 15 years we are now seperated, I was wondering he has a retirement plan am I intitled to any of that?

  • Mon, Dec 10 2012 5:45 PM In reply to

    Re: my rights

    To the extent he earned it during the marriage, sure, you're entitled to your half of the marital share of it. 

    Please seek counsel; divorce isn't a good DIY project (in fact, it's a very, very bad DIY project).

  • Mon, Dec 10 2012 7:14 PM In reply to

    Re: my rights

    No, but if you get a divorce you might be.

  • Mon, Dec 10 2012 10:13 PM In reply to

    Re: my rights

    Hire a lawyer, and go for the divorce if that's what you want to do?

    or stay married?

    but you need to make your decision

    Then, maybe?

    here is what I suggest you do NOT DO!  Stay in limbo forever.

    pull the hammer.  And Go for it!

    or Yank it all back, and stay married to the man.

    But figure out where you stand?



  • Tue, Dec 11 2012 6:47 AM In reply to

    Re: my rights

    If divorcing,  you would be entitled to an equitable portion of his retirement from the date of marriage to the date of separtion;  equitable does not necessarily mean 50%.

    Since some people here seem to take issue with your wording,  if he is currently collecting on his pension,  you could either file for spousal support as that would be considered his income- or at time of equitable distribution-you could ask for back credits for the time he was collecting.

  • Tue, Dec 11 2012 8:37 AM In reply to

    • Drew
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: my rights

    Get some legal input as to your options  .

    If you get divorced you are entitled to equitable distribution of property or assets or retirements built up over course of marriage --probably about 50/50 but NOT necessarialy so.

    The time/date of the division picture is state specific --in some states the date of separation counts, in other states it may the date of divorce filing and in others it may be the date of divorce order --ergo in some states to stay in a strained marriage may be better than to be out of it IF the other side is building up the pot. No clue as to ME time frames but I'll bet its not as easy as you might like to sort it out.

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