Legal Question in Family Law in Maryland

My pension's termination-pbgc & my ex-wife's pyment

I was divorced back in 1985 after 18 years of marriage. I will retire in 30 days. My company has been sold and our pension terminated and taken over by PBGC and my medical benefits will terminate on 3-31. My Seperation Agreement awarded my ex-wife 27% of my pension. When this was done in 1985, it was assumed my pension would be what I was promised. Instead, I am going to receive a considerable lower amt as well as have the burden of high medical/prescription insurance premium. This is destroying me financially and it hardly seems fair that her pymnt should remain at 27%. Can I obtain counsel and go to court to have her percentage lowered from 27% to something more reasonable now that my income from my pension is not what it was expected to be at the time the Sep Agr was made? Thank you for your response.


Asked on 3/14/03, 10:36 am

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: My pension's termination-pbgc & my ex-wife's pyment

I suspect there is a clause in your separation agreement that says it is not modifiable by a court. Unless your ex agrees to voluntarily reduce her percentage, it's unlikely that you'll be able to do this. Remember, the amount she was expecting to receive will be reduced as well.

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Answered on 3/14/03, 12:25 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: My pension's termination-pbgc & my ex-wife's pyment

This depends upon whether or not there was a clause in your separation agreement that restricts modification of the agreement.

This also depends upon whether the agreement was incorporated and merged into the divorce decree or whether it was incorporated and not merged.

If the former is the case then there may be an argument for modification despite the separation agreement having a clause that restricts modification by a court.

This depends on other clauses within the separation agreement, which party had it drafted and other matters that may become apparent only upon a reading of the separation agreement and review

of the decree of divorce.

If you would like to discuss this matter, please contact me.

G. Joseph Holthaus III

(410) 799-9002

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Answered on 3/14/03, 4:32 pm


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