Legal Question in Family Law in Maryland
disability/retirement benefits
I'm confused!!! My stbx receives abt $2400 mo. in state retirement/disability here in Md.
I know for a fact he is 40% disabled and can work, just not in his previous field.
We've been married since 1999 and separated in 2006.
He started his job in 1993 and was put out on early retirement and accidental disability in 2006
And how can I find out what portion of the check he receives is disability and retirement?
And what portion am I entitled to?
Please help, I can't get a straight answer from anyone and I'd like to know for negotiation purposes when we go to court at the end of this month!
1 Answer from Attorneys
Re: disability/retirement benefits
You should be able to get the breakdown of his benefits (between disability and retirement from the plan administrator or benefits payment office. Your lawyer should have sought this information in discovery, or he could have subpoenaed records from the state. Generally the disability part is not part of a marital property division, but the retirement part is. But as to the retirement part, you also have to reduce that to its premarital and marital components, because you are only entitled to share in the marital part.
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