Legal Question in Family Law in Alabama
My divorce was final in Janruary 2000, in Huntsville, Alabama. I have since remarried and move to another state. My company is closing and offering me an early retirement. I am 55 years of age. The company will pay a reduced pension and a temporary supplimental payment in leiu of social security until I reach the age of 62.When I reach the age of 62 the supplimental income stops and my social secuity income kicks in.
My divorce decree states my ex-wife is entitled to up to half of my pension and 401k. she IS NOT entitled to my social security income or my IRA. ( It actually states she is entitled to 1/3 of 17 years of income from both hourly and salary pensions but she has the option to go back to the judge and ask for half.)
My question, is my ex-wife entitled to up to half of my temporary supplimental in lieu of social security income also?
1 Answer from Attorneys
That is a fact question that only a judge could really decide. I would, if I were her attorney, argue that any payment from the company to you after you stop working is pension income as anticipated by the decree -- and that she is entitled to half of it. Is it IRA income, no. Is it 401K income, no. I would say that she is entitled. If you don't pay it, she will petition the court to make you pay half of that sum
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