| T.R | Title | User | Personal
Name | Date | Lines |
|---|
| 1249.1 | | BSS::S_MURTAGH | Rebel without a Clue | Fri Apr 03 1992 18:55 | 9 |
| The premise seems to be that each spouse is entitled to a share (50% in
Colorado) of the accrued pension benefits at the time of the divorce,
not to future, as yet unearned benefits. This meant (for me) valuing
the benefits based upon what I would receive today, 50-50.
It is also possible to "trade" some other communal asset (say your
interest in HER pension, home equity, etc) to allow you to retain 100%
of your benefits.
|
| 1249.2 | It's the law.... | ICEE::BERG | | Sat Apr 04 1992 22:11 | 20 |
| I thought how best to answer you question as I was in your same
situation not too long ago. Here is what my Stipulation says.
Plaintiff is awarded on-half of Defendant's retirement benefits earned
during the marriage per the formula set forth in Woodward v. Woodward.
For purposes of calculation the Defendant has worked for <company name>
for <duration> during the parties' marriage.
That basically means half of everything related to retirement, money,
interest, lumpsum payments. All of it. You have the option between the
two of you to compensate her anyway you both agree equal to the
calculated sum. Personel has the ability to tell you what the total
benefit would be for the period of your marriage. There are several
books that deal with this situation in the library and book stores
under self-help (divorces). Many courts require that the statement be
prominent in the decree.
A regretful situation, always.
Good luck
Brett
|
| 1249.3 | | NOVA::FISHER | Rdb/VMS Dinosaur | Mon Apr 06 1992 09:25 | 18 |
| The formula they wanted to stick me with was:
She would get, at my retirement, a share computed by:
(years married & working for DEC)
--------------------------------- x Y where Y would have
(years working for DEC)
been her share if we had stayed married. What I didn't like was that
she would be getting a higher pension value whenever I got a raise.
I bought it out, though I paid too much.
-- Oh, I would have had a similar share of her pension.
You can find out what the current cash value is of your pension and
offer a $$ value equivalent to half of it.
ed
|
| 1249.4 | ;^) | MILKWY::ZARLENGA | that was a lucky shot, grammaw! | Tue Apr 07 1992 21:54 | 3 |
| It'd be cheaper if she got hit by a bus.
Plus you'd get to collect the insurance.
|
| 1249.5 | <groan> | RIPPLE::KENNEDY_KA | | Wed Apr 08 1992 02:07 | 1 |
|
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| 1249.6 | How bout this? | GIAMEM::HOVEY | | Wed Apr 08 1992 09:45 | 7 |
|
Let's say that you've worked for DEC for 22 years, so your fully
vested.
The last four years you've been married and then got a divorce.
Would the spouse only be entitled to 50% of the difference over the
time you were married ? Makes one think about re-marrying!
|
| 1249.7 | | ESMAIL::BEAN | Attila the Hun was a LIBERAL! | Thu Apr 09 1992 08:57 | 15 |
| This is something that is negotiable.
When my ex wife and I were divorced... I offered to her that she could
have all of my equity in our two homes, plus four old cars which we
owned, and in exchange, she relinquished all claim to her portion of my
accrued retirement benefits from the two companies I'd worked for. It
was a fair offer... and her lawyer advised her to take it.
Of course, she assumed the full mortgage for both houses, too.
good luck.
tony
|