Legal Question in Family Law in Florida

Pension Benefits and Divorce

We've been married 37 years and are separated heading for divorce in about 3 years. If he dies while we are still married I receive 1/2 of his monthly pension. Divorced I would receive nothing the way it was set up. In a divorce settlement I think I would get 1/2 of everything but is there a way the courts can award me something to protect me in the event he dies soon after the divorce because the monthly payments would stop? As assets I have a small IRA ($50k) and he has a 401k($250k). He is getting ready to have an investor buy out my share of the house because I need cash to live so that asset will be 1/2 his and none of mine. Thank you.


Asked on 8/21/01, 6:13 am

2 Answers from Attorneys
Joel Cohen Joel M. Cohen,P.A.

Re: Pension Benefits and Divorce

The best advice that I can give you is to obtain your own counsel for this very important matter. If you fail to, you will never have the opportunity to protect yourself agin.

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Answered on 8/21/01, 10:52 pm
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: Pension Benefits and Divorce

You have alot at stake here. Therefore, I suggest that you do not sign anything including not going through with the buyout until you have had counsel to advise you after full review of your case.

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Answered on 8/22/01, 11:03 am


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