Category Archives: Retirement Benefits

Pension Plans and Divorce

March 16, 2008 – 7:06 am

The Nest Egg and Divorce in Mississippi
Here is a common situation I see as a Mississippi divorce lawyer. A wife wants to divorce her husband. The husband works for a large employer in Madison, Mississippi and has accumulated a nice retirement account from the employer while married to his spouse. In fact, other […]

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Pension Money: Property or Income, not Both

March 1, 2008 – 8:09 am

When someone getting divorced has a retirement benefit or retirement income, their spouse may want to receive part of it as alimony. However, at the time of the divorce, the value of the pension interest is typically divided between the parties as part of the property settlement in the divorce. So an issue […]

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Social Security survives divorce

October 8, 2007 – 10:16 am

Q: I am
divorced. Can I get my ex’s Social Security? . . . . I was married for
over 18 years. Do they automatically figure out how much his is, and
how much mine is, and give me the higher of the two, or is this
something I have to ask for?
— J.F. Cranston
A: A divorced spouse […]

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Can a Divorce Court Divide Social Security Benefits?

September 25, 2007 – 10:46 am

Although not really a frequently asked question, this is still an occasionally asked question. A recent story in Lawyers USA mentioned a Utah Court of Appeals decision that was consistent with Texas law. The answer given in Utah, and in Texas, is ‘No’.The Social Security Act, which is a federal law, prevents states […]

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