If you're looking for help with a family law case in the St. Petersburg, FL area call us at 727-209-7957.
For more information visit [ Ссылка ]
St. Petersburg Family Law
Video Transcript:
Hello everybody out there in social media land, it’s your personal injury attorney and family law attorney Derek Bernstein here to give you some legal advice. Today, I'm answering another family while you go question and that is, can my pension be split in a divorce? So, we're talking about people who've been married or are older, have a pension, can it be split and divorce? And the real thing and the way I see it most of the time is if you been married for a long time. So, if you've been married for 20 years, you have a pension, that's your only source of income. Is that pension for the most part, or maybe you have some social security or Medicare, Medicaid, whatever you're on, can it be split for the most part? Yes, and the way they really do it is through alimony. So, if you have $2,500 and the judge says that they need another 600 to live. Yes, they can order that you pay that person portion of your pension every single month until pretty much the end of time, or until that person finds another, gets married again.
And usually what happens in those cases, when you do have a permanent alimony situation that requires them never to get married is, oh my God. They never find love again. So, can your pension be split in the divorce? Pretty much, yes. And they can go in with orders and take money directly from accounts if you're not paying and things of that nature. So, you want to make sure that you talk to a good family law attorney, before you get a divorce, especially if you're dealing with pensions and things like that. Because if the person has been with you for a very long time, and there's an entitlement, a presumption of alimony, especially if they raised three kids, sat at home didn't work because they couldn't, now they have no way of really getting out to it.
You can fight these things on if they have the actual need for what's going on. So even with the equitable distribution, you're going to give them a house or two, you're going to do this, they're going to have a hundred thousand dollars lump sum, that's pretty good. Do they need alimony? It's really good to make sure you fight it upfront then just giving in and say, oh, we've been married 25 years, we had two kids, we did this, blah, blah, blah, blah, blah. Don't just do that because then you'll be splitting a bigger portion of your pension than you want. So, when it comes to alimony, it's need on one side, ability to pay. And if your pension is good enough for the ability to pay, you're going to be splitting that thing every month. So, click, subscribe, keep those questions coming, come in the box, please. I love seeing it so I know I'm not making videos for nobody. Keep those questions coming. Guys have a good day.
