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