Legal Question in Family Law in Florida

Re: Disability pensions and divorce

As a general rule, a pension is allocable between the spouses in the proportion it was earned during the marriage. An exception arises with certain firefighter pensions which are not divisible. However they may be considered a source from which alimony may be paid. The best advice you can receive is to consult a competent family law attorney who is familiar with this issue. If you don't know one, ask around your former workplace; there's bound to be a man who has been divorced and this issue raised.

Re: Disability pensions and divorce

As it appears that you probably have a long term marriage (based upon the child's age), then your wife my be entitled to a significant portion of your disability pension. However, there are other factors to consider. Has she been a stay at home mom? If not, what type of employment history does she have?

You should schedule a formal consultation with a lawyer.

Good Luck, Elliot Jay Goldstein (Attorney with offices in Tampa and St. Petersburg)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.

Re: Disability pensions and divorce

Based on the information provided, it appears your wife is entitled to some of your pension benefits. But several factors are weighted: how much of your pension is disability and how many years did you work prior to disability; is your wife employed and how much does she make; other marital property; etc. You are advised to consult with a family law attorney who can counsel you on legal alternatives based on your situation.