Legal Question in Family Law in Ohio

Pension & divorce

How can I save my pension? We both worked and have our own, only mine is more valuable. I read somewhere, where a man was able to protect his pension by proving it was not a current asset. Any case where this occurred, in any state, would be appreciated! Thank you!


Asked on 2/18/03, 9:21 am

1 Answer from Attorneys

Stephen Daray Sciangula & Daray

Re: Pension & divorce

The only way to save the pension is to offset its increased value with other assets, such as home equity. Even though pensions are speculative in nature (i.e., you die and survivors may get nothing), they can be reduced to their present value and divided in a divorce. One thing that could help would be to control the calculation of COLA (cost of living increases) and to value the benefit under a joint survivor approach rather than a single life annuity approach. Call me with any questions. 440.835.8200.

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Answered on 2/18/03, 1:04 pm


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