How Are Pension Or Retirement Assets Divided In A Divorce?
How are pension or retirement assets divided in a divorce?
It is only supposed to be the portions of the retirement or pensions or any of those investments that accumulated during the marriage. If you have a pension or a retirement account that has been accruing or investing for 20 years but you were only married for 10 well, the spouse is only entitled to or is supposed to be entitled to a percentage of the account that accrued during the marriage. This goes for military retirement as well, it is usually very important for military retirement because those can grow rather large over time, especially, if you are talking about a 20 year plus serviceman. You want to make sure that the spouse is only getting credit in their decree for that portion that you are married to the spouse. You would like to know or have a general idea of what they are doing if they are hiding or wasting assets because once you get into litigation you can request discovery and specifically address those issues in the discovery. You can also subpoena documents and you can also depose the spouse in depositions, ask very specific questions about fund’s assets or anything you think might exist. You can even issue subpoenas during the depositions to compel the court to bring stuff to the deposition for your review, but again, you would hope that you would have at least a general idea of what may or may not be out there that you can go through the discovery process and ask those types of questions.
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