Legal Question in Family Law in New Jersey
divorce and pension plan distribution
How does equitable distribution work when both the husband and wife have pension plans? The husbands pension plan is higher than the wifes based on his salary for the last 5 years.
2 Answers from Attorneys
Re: divorce and pension plan distribution
Half of the difference between pension plans is distributed to the spouse with the smaller pension plan.
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Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: divorce and pension plan distribution
There is no set way any of this works because 98% of case end in settlement. Its a real pain to mess around with pension plans so in a case like this, I would figure out some other way to balance out the difference here. That is the best way to handle it in my opinion.
You really should have an attorney for this case or at least consult with one before doing anything.
My initial consultations are always free, so call me at 732/247/3340 to discuss your case.