Legal Question in Family Law in Michigan

My wife was entitled to my pension when we divored in 98. We remarried prior to my retirement. We have been married for 7 years and facing another divorce. Is she still entitled to my pension from previous divorce settlement?


Asked on 6/25/11, 1:36 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

She is not entitled to it under the first divorce judgment - that became null and void when you remarried. Your new divorce judgment will control the division of all property. The Judgment will not only divide assets, property and debts, but can place contingencies on them too. For example, if you are required to pay spousal support (alimony), there may be a provision that you are required to pay it until she remarries or CO-HABITATES with someone. You never want the alimony to just be contingent upon her remarrying, because then she just won't remarry someone new. There are several other conditions that I recommend to clients, including time limitations, etc., however, what is fair and equitable in your case regarding alimony and division of assets, such as your pension, depends on a lot of factors, and a lawyer can only provide you with a more thorough answer after discussing your situation.

I'd strongly suggest you contact a family law lawyer to assist you and ensure that you are taken care of.

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Answered on 6/26/11, 8:45 pm


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