Legal Question in Family Law in Indiana

can she get my pension if only married for 9 years

I have married my wife twice, I was married the first time for about 9 years, She remarried to someone else for about a year, I was divorced for about 7 years before we remarried, I have a small disibility pension from the teamsters pension fund, If she would get any of this it would put a financal burden, I was always told by other people that she could not touch my pension unless I was married for 10 years or more


Asked on 5/14/04, 8:33 am

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: can she get my pension if only married for 9 years

No portion of your disability pension is divisible as property in the dissolution proceeding. You may be required to use a portion of that money to pay some marital expenses or child support but that is the extent the spouse can invade that income. However if you are vested in retirement funds with the Teamsters, the growth in the value of the pension from the date of the second marriage until you file for dissolution of the second marriage would be considered a divisible marital asset. Your belief of 10 years of marriage relates to how much a spouse can rely on the earnings of a former spouse for purposes of how much money social security will pay upon retirement and/or for division of military pensions outside the scope of what happens in a dissolution case. In such case of social security what she is entitled to from social security does not affect what you are entitled to.

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Answered on 5/14/04, 9:46 am


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