When should I divorce?


#1

Dear pfischer:

Greetings. Whether or not you want to hear it, you need an attorney. You are able to obtain half of his pension, but you will need to have this performed in a Qualified Domestic Relations Order. If he already chose his survivor benefits, that you may not be able to obtain them. I would tell you that you are losing money every day and need to see an attorney to get your funds immediately, despite the initial upfront cost. Also, it sounds like you are entitled to alimony. I know that it may not be what you want to do, but an attorney can approach this in a non-confrontational manner and try to get him to agree to what the law says. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#2

I have been married 38 years and have been separated since October 2004. This was at my husband’s request. He gave me $600/month for 1 year. He also had us file chapter 7 in 2002. He is retired from IBM and recieves a pension. He is also employed full time with a total annual income of $75,000. When taking his pension, he designated survivor benefits. I work but assist with bills for my adult children. My income is $53,000. After 4 years I think it’s time to divorce as any ovatures I make are rejected. I want to make sure I can still get survivor benefits and a monthly payment now since he abandoned me in 2000. I also would like him to maintain a term life policy of an adequate amount. Are these requests possible? Thank you.