Wife wants one half pension


#1

Her lawyer has not responded to any of my requests for the last 3 months for her investments. He has all of my information. She unilaterally divided our checking accounts at the separation and has a lot of money invested in her name. Her lawyer now thinks I should be giving her back payments of my pension without any discussion. Do I have to give her back payments until there is a discussion on the division of marital funds? Also should she only get the taxable portion of my pension as part of the pension is due to military disability?


#2

You don’t have to give her any portion of your pension until there is a court order requiring you to do so. The judge would make a determination of this at an equitable distribution hearing, in which the judge would be entitled to view the entire marital estate (including investments in her name).