Legal Question in Family Law in Minnesota

Ex Spouse's Pension

When we were divorced it was written in the decree that I would recieve 1/2 of my ex's pension for the 13 years we were married upon his retirement. He is retiring in October and has offered to pay me off in the amount of 25k. I am hesitant to do this, and he seems anxious to get me to sign the Ammended order. I don't know if I should just agree and be done with it or wait to see what my monthly benefit would be. He says he needs a decision now, and this can't wait until after he retires. I have been scammed by him before so I don't quite know what to do. Any suggestions?


Asked on 4/22/08, 6:48 am

3 Answers from Attorneys

Scott Dutcher Law Office of Scott M. Dutcher, LLC

Re: Ex Spouse's Pension

You should never sign away your rights before you fully understand what you are giving up. In your case, you may be giving up a substantial pension income. Thus, before you sign anything you really need to understand your ex-husband's pension more completely.

If you would like the name of a good financial planner, let me know.

www.dutcherlawoffice.com

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Answered on 4/22/08, 9:49 am
Scott Timm Scott R. Timm Law Office

Re: Ex Spouse's Pension

Before you can determine wether the 25K offer is fair, you will need to have your interest in the pension valued by an actuarial consultant who would determine the present value of the future pension benefits. This is a very complex area, and you would be wise to seek legal counsel -- especially when you distrust him.

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Answered on 4/22/08, 10:43 am
Maury Beaulier612.240.8005 Minnesota Lawyers

DivorceProfessionals.com

Chances are that you former spouse is not trying to do you a favor. If he wishes to modify the existing property divisoin as it applies to his retirement, he should be willing to allow you to acquire information regarding the amount of the benefit.

Never sign off on rights you were afforded in your court order without having all of the necessary information at your disposal.

For a consultation call 612.240.8005 or visit divorceprofessionals.com

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Answered on 4/22/08, 11:03 am


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