Married 32years, husband wants out, filing bankrupty. 2 pensions his, am i entiltled to some on one pension, still married?

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1. Licensed in NV

   

   William Devine

   Henderson Bankruptcy Attorney

   Contributor Level 12

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   Answered November 30, 2012 09:03. This not really a bankruptcy question - you need the assistance of a divorce attorney. Bankruptcy does not really adjust your rights you may have in his pension.
   
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   William Devine, II

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2. Licensed in NV

   

   Jill K. WhitbeckPro

   Reno Divorce / Separation Lawyer

   Contributor Level 14

   

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   Answered November 30, 2012 12:59. Nevada is a community property state. This means that everything acquired during the marriage, with very few exceptions (i.e. inheritence kept separate, peronal injury settlement kept separate) is presumed community property -- assets and debts -- and subject to EQUAL division. If you are able to dispose of your debts in the bankruptcy, all that will be left is dividing, equally, the assets and determining whether or not spousal support is appropriate. You need to consult with a divorce attorney in your geographic area, NOW, to ensure you are protecting your claims and understand the process.

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3. Licensed in NV

   

   Dorothy G BuncePro

   Las Vegas Chapter 7 Bankruptcy Attorney

   Contributor Level 20

   

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   Answered November 30, 2012 13:28. Your right to receive a portion of a spouse's pension will be determined by the divorce court. If you file bankruptcy, you must be sure to schedule this asset in your petition and claim an exemption to protect your interest. Hope this perspective helps!

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4. 

   Deborah Bowinski

   Denver Chapter 7 Bankruptcy Attorney

   Contributor Level 16

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   Answered November 30, 2012 09:49. You should retain a good domestic relations attorney to assist you in a fair and equitable division of assets and to explore what amount of maintenance may be appropriate, if any.

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