Pension/retirment plans are subject to the guidelines under which the plan is established. You’re really talking about a small amount of money in the scheme of things. Even if you could get the money now, unless you rolled it over into a qualifying IRA, the federal government (IRS) would get a big chunk of the money due to tax consequences. I’d personally be pretty happy with the delayed distribution because you’ll be surprised how handy those funds will be when you are in your “golden years.” Since you were married more than 10 years you’ll also receive a portion of your spouse’s social security benefits so there will be some compensation for those 12 years spent at home. If you are getting any student loans or federal aid to go back to school you’ll probably be better off not having access to the retirement plan funds which could hurt your student financial aid application. If you were the dependent spouse and did not and do not commit adultery while married/seperated you should be able to make a claim for alimony. Do a search by typing in key phrases in this forum and you can review past topics that have already been asked and answer … that’s been a big help to me.

Please wait for a response from an attorney or consult one yourself. My ex’s pension is worth well over $100M (we had it valued by a company called Law Data). The value of his pension goes on his side of the “sheet” Once all assets and debts are assigned to both parties, I should be looking at receiving $75M to $100M. You NEED to consult an attorney to assure that everything is done correctly.

Dear chughes:

Greetings. Please tell me that you did not sign a separation agreement without an attorney!!!

Okay, you need a Qualified Domestic Relations Order which transfers the pension to your possession and ensure you will receive your benefit. You must have this entered before the divorce, or have the issue preserved in a filed equitable distribution action.

As far as changes to the separation agreement or alimony, you typically cannot change a separation agreement unless you both agree. Also, you may have waived alimony if you did not deal with it properly in the separation agreement. I suggest that you IMMEDIATELY speak with an attorney.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

I have two question’s I hope someone can answer. I have been legally separated for 4 months and all asset’s for the most part have been spilt.My Ex has a company pension that he says he can not touch until he retires in 25 years and than I will get 1/2 of whatever it was when we spilt which the value is about $15,000 - $16,000. I feel he needs to give it to me now in some way what is the legal precedent on matters such as this.

Also several things have come up since the separation agreement was signed that I need to add, alter and change what do I do?

I am not getting alimony at present and was a stay at home mom for 12 years who is now attempting to re-educate myself. Am I a candidate for alimony?