Indiana currently does not have any laws that support any kind of spousal support. During a divorce the amount of the marital assets owed to each party is decided by the Judge after hearing from both sides during the hearing. Property or assets that are in only one party's name are automatically awarded to that party, unless exceptionally circumstances exist to warrant it going to the other party, such a vehicle being awarded to the custodial guardian of the children instead of the documented owner.
yes
Former spouses have no right to their former spouse's pension. Claiming such would be fraud.Added: If you are referring to a Canadian GOVERNMENT pension, you may wish to contact the agency for which he worked.It may not be the same - but in the US, if an ex-wife qualifies she can receive a percentage of her ex-husbands pension equal to the numbers of years they were married while he worked for the government. You should REALLY check this possibility with an attorney skilled in that area of law practice.
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A divorce does not effect child support. Also, usually child support stops when the child turns 18.
No. This is one of the reason that the state requires a one year separation before the dissolution of marriage filing. The state will usually require the couple to receive marital counseling and a copy of such to accompany the filing.
Only if awarded it. And he yours.
The timing of when an ex-wife can receive a pension from her ex-husband's company after the husband dies depends on the specific terms of the pension plan and any court orders related to the divorce settlement. Generally, if the ex-wife is named as a beneficiary in the pension plan or if the divorce settlement includes provisions for her to receive a portion of the pension, she may be entitled to receive it after the husband's death. It is important to review the pension plan documents and consult with a legal professional for guidance in this situation.
The length of marriage required to receive spouse pension benefits after death varies depending on the specific pension plan. In some plans, eligibility may depend on the number of years married, while in others, the spouse may be eligible regardless of the length of the marriage. It is important to review the specific requirements of the pension plan in question.
The length of the marriage is what usually determines if a spouse or ex spouse is entitled to any pension benefits either private, SS or RRB.
yes
Yes, but the marriage had to be 10+ years before the divorce.
To find out how to get the retirement pension from your ex-spouse, you should contact the Social Security Administration or your ex-spouse's retirement plan administrator to inquire about eligibility and the process for claiming benefits. You may need to provide documentation such as your marriage certificate and divorce decree. It's important to gather all necessary information and follow the specific procedures to ensure you receive the benefits you are entitled to.
was married for 13 yrs, i made the mistack of signing the divorce paper without looking it over good. come to find out that i said i did not want the pension. but in another paper i have stipulation that i sould receive 1/3 of the pension, how do i go about this to file for the claim? thank-you
U.S. military members are entitled to a pension when they retire. If a military member gets divorced long before he reaches retirement age, the divorce court must consider the pension he is likely to get years later and how to divide it. Most states consider military pensions to be assets subject to division just like other marital property.Uniformed Services Former Spouses Protection ActThe Uniformed Services Former Spouses Protection Act, or USFSPA, is the law governing the division of military pensions following a divorce. This law gives states the power to divide military pensions between spouses in the event of divorce. Only a divorce court in the state the spouses reside in may have the power to make this type of decision, unless the spouses consent to the division. For example, if a service member lives in New York but is stationed in Colorado, he has to give consent for a Colorado divorce court to divide his military pension. Otherwise, this part of the divorce would have to be handled through a New York court. However, consent doesn't have to be explicit or in writing. If the service member participates in divorce proceedings in Colorado, the court will often presume consent to handling the division of pension in that state.10-year RuleThe USFSPA covers all military spouses, regardless of the length of the marriage. The marriage doesn't have to last for 10 years for divorce courts to divide the pension plan. However, if the marriage lasted 10 years or more, and one or both spouses served in the military for at least 10 years of the marriage, the U.S. Defense Financing and Accounting Service pays the ex-spouse her portion of the pension. Otherwise, the spouse who receives the pension must pay his former spouse her share when ordered to do so by the court.Timetable of PaymentsThe divorce court can determine when a former spouse is entitled to pension payments. In some cases, the court may order that the ex-spouse receive her expected payment immediately in one lump sum. In other cases, the court may require that the ex-spouse begin receiving payments upon her former spouse's retirement.
It depends on the legal terms of their divorce - if the divorce agreement specifically entitles the ex-spouse to the member's pension (percentage determined by the agreement), then yes, she is entitled. However, without such terms in the divorce or other separate legal agreement, the former spouse has no claim on the member's pension. For example, a good friend of mine was married to an abusive husband for many years, and part of her divorce settlement gives her half of his retirement - since he's an FBI agent, that'll keep her set pretty well. It's important to remember that marriage is a legally binding contract as well as a relationship, and when that contract is dissolved, so too are any legal claims the two partners have against each other unless they are a part of the divorce agreement.
Divorce is a legal proceeding. It cannot be done in an Ex Parte manner. BOTH parties must appear.
No, you do not have to be retiring in order to receive a widow's pension. Widow's pensions are typically available to surviving spouses of deceased individuals who were eligible for a pension or Social Security benefits.