Legal Question in Family Law in Oregon

retirement

what can l do to protect my retirements from my wife in a devorce.


Asked on 10/29/07, 6:58 pm

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: retirement

QUESTION:

what can l do to protect my retirements from my wife in a devorce?

ANSWER:

First option: stay married; don't get a divorce.

Second option: Hire a good lawyer to help minimize the financial damages that will be incurred as a result of the divorce. Generally, absent an agreement on the part of your soon-to-be ex-spouse, the retirement assets --- to the extent acquired during the marriage --- will be deemed and treated as "marital property" and subjected to the presumption of the law that "marital property" (regardless of whether titled in one party's individual name or in the names of both parties jointly) has been acquired through the equal contribtions of both parties, so that both parties, upon divorce, share equally in such assets and property. Your best strategy is to minimize the "equal share" to be awarded to your soon-to-be ex-spouse. No doubt she is going to get SOMETHING. The question is just "how much"?

Third option. Die early, so retirement income will not be needed.

Essentially, those are the options.

L.D. Gorin

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Answered on 10/29/07, 7:51 pm


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