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

Asked over 1 year ago - Las Vegas, NV

One pension paying mortgage until filed, will move out of house after bankrupty completed. Will he have right to take all pension or am I entitled to some on one pension still married to him?

Attorney answers (4)

  1. William C. Devine II

    Contributor Level 13

    3

    Lawyers agree

    Answered . 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.

    Best Regards,
    William Devine, II

    I am an attorney, just not your attorney (yet). Any answers here are to be deemed informational unless and until... more
  2. Jill K. Whitbeck

    Pro

    Contributor Level 17

    2

    Lawyers agree

    1

    Answered . 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.

    Responses are for general information purposes only, and are based on the extremely limited facts given. A... more
  3. Dorothy G Bunce

    Pro

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . 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!

  4. Deborah F Bowinski

    Contributor Level 17

    2

    Lawyers agree

    1

    Answered . 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.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Dividing a Pension in a Divorce

If one party in a divorce has a pension, it may be subject to division, depending on how much value it has accrued during the marriage.

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