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?
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).