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Divorce and Pensions

A pension plan is a tax-deferred savings plan. Typically, during years of employment, monetary contributions are made by the employee and on behalf of the employee by the employer to a retirement plan. The contributions and the earnings generated gain over time, tax-free, until retirement. Upon retirement, the employee will receive a specific monthly income for life or a lump sum payment.

A pension earned during the marriage may be considered to be a joint asset of both husband and wife. If a pension is divided between divorcing spouses, it may be done at the time of divorce when other marital assets are divided.

How to Protect Your Pension in Divorce

The first step in managing your pension while going through a divorce is knowing what the rules are for your state. In terms of how much a husband or wife is entitled to, the rule of thumb is to slice pension benefits earned during the course of the marriage right down the middle. While that means your spouse would be able to lay claim to half, he or she would be limited to only what was earned once your union became official.

At a reasonable cost, legal advice and financial agreement are provided by us. The pension is income at a late and needy time nonetheless it is a form of income which can not be disregarding while filing divorce. As per court orders, divorce and pension may form a part of the marital assets depending on the circumstances.

Based on one’s employment history and the individual is permitted to various types of pension. Most commonly Central and State Government employees qualify for the pension.

Although retirement saving pension plan and fixed pension plan through mutual funds are few other options, for final settlement these various pensions are documented and presented to courts.

The division of pension during a divorce proceeding may depend on the circumstances. Consult with an expert divorce lawyer to get sound, practical and valuable advice on issues pertaining to divorce and pensions.

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