Legal Question in Family Law in Florida

Ex Wife On The Pension

I will be getting remarried shortly. I've placed my new wife on the pension. In court documents, my ex wife is to get 30% of the pension. Will my current wife get a portion of the pension? Also I want to litigate my ex wife off the pension, as circumstances have occured in the past two years, as she owes the IRS money, hits the kids et. al. Everything is documented


Asked on 4/09/09, 6:58 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Ex Wife On The Pension

As a general rule, as you earn a pension, your current wife is entitled to 50% of what you earn in a pension. So, if you are married for five years, and, during that five years, you add fifty thousand dollars to a pension, your wife gets twenty-five thousand dollars of the pension. Whatever you had in the pension when you got married remains yours.

This formula changes a bit based on how much your pension made or lost while you were married, and military pensions are treated a bit differently.

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Answered on 4/09/09, 8:27 am


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