In a divorce settlement how is pension divided between the two parties?

Aug 8, 2012 by

Question: 

In a divorce settlement how is pension divided between the two parties?

State: 
Alabama

Answer: 

Pensions and other marital assets are divided according to the laws in the state where you reside. If you live in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin, you live in a community property state and assets will usually be split down the middle. All others are equitable property states and assets are divided fairly and “equitably” – but not necessarily split equally down the middle. The court determines the “fairness” of the distribution. Pension distribution can also be affected by other factors, so it may be in your best interests to consult an attorney on the situation if large amounts of money are involved.

Couples without extensive marital property, large debts or children do not usually require a separate divorce settlement agreement in addition to the divorce itself. Settlement agreements can provide legal evidence of a separation as well as clear details of the terms of the separation if those issues are contested later. It can be very difficult to petition the court to reverse a court-ordered divorce settlement once it has been signed by a judge and incorporated into a final divorce decree however. If your petition to reverse is denied by the original court, you will need the services of an attorney to make an appeal to a higher court. The exact procedures will vary from state to state, but none are quick, easy and affordable, so it makes sense to craft your settlement agreement correctly the first time. – The Divorce.com Team

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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