Legal Question in Real Estate Law in Florida
pension fund
My question involves a friend of mine. He was in a relationship with this woman and she paid off his second mortgage on his condo. ($30,000.00) He also sold this condo. Together they built a house and took out a second mortgage on the new home and she paid all the bills off. They have since ended the relationship and she is threntening to sue him and take his pension (deferred comp). They were in the relationship for approx. 3 yrs. Can she do this? He plans on retiring in 3 - 5 yrs.
1 Answer from Attorneys
Re: pension fund
Unless your friend's girlfriend protected herself with the appropriate agreements, she may be out of luck in attempting to go after the pension fund, which may be protected from the claims of creditors. Moreover, before she could even attempt to go after any of your friend's assets, she would have to file a lawsuit and obtain a money judgment. If she elects to sue, make certain your friend hires an attorney as it is likely that he will have various defenses to any claims made against him, some of which may be dispositive of the woman's entire case.