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angelamwilson Asked April 2017

If my father divorces his wife will she be entitled to any of his pension?

My father is reitred and lives on a federal pension. He has been retired for 3 years and has been remarried for 19 years. Now he wants to sell the travel trailer they live in and she will not sign. If they divorce since his pension income is $40k and her SSA is $1k is she entitled to any of his pension? 

JessieBelle Apr 2017
Since they've been married over 10 years, they definitely qualify for splitting the social security money if he gets that. (Some federal employees opt out.)

JessieBelle Apr 2017
Angel's profile says the person is living with Angel. So perhaps they are in separate places now. I have a feeling that with such a large disparity in income that the court will decide on some spousal support after 19 years unless the wife has savings. From what I'm reading, the retirement wouldn't be considered an asset of the marriage, since it looks like it was earned before marriage. That still does not exempt the father from spousal support if the court deems it appropriate.

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gladimhere Apr 2017
Again, then where will they live? The trailer being 19 years old (my assumption) probably has little value. Let her stay there and move him to a senior apartment. Again.

Sendhelp Apr 2017
Allow her to keep the travel trailer. Don't divorce, but go rent a nice place-he can afford it, even giving her some support money. She may follow to the nicer place, then he can sell the trailer. imo.

Just guessing without enough information here. Going by the principle....follow the money.

pamzimmrrt Apr 2017
They are getting divorced over a travel trailer? There must be more to this story..Where are they planing to live once this home is gone.. I am confused

CarlaCB Apr 2017
Well, that's a complex question. Generally a plan won't change the form of payment once it's started, so if he started with a payment for his life only, they won't change it to provide a death benefit that was not part of the original calculations. However, that would not stop a court in a divorce action from splitting up the pension so that the payments go in two pieces for as long as he is receiving them. If they have been married for 19 years, it seems likely that a court would award the spouse at least something. This is not something he would have to agree to either. If he gets an agreement in the divorce that the pension remains his, that's another story. A court would not be likely to override that agreement.

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