LLK v LAK
Sep 04, 2015OUTCOME: My client received an extra $95,000 of the husband's 401k to offset the pension that the government would not pay out.
A client came to me because her husband left the home after Christmas and stated he was moving in with his girlfriend. She was served with divorce papers before the new year. The husband had been in ... the government for years and this was the parties second marriage to each other. Because this marriage had not lasted 10 years the husband's attorney was arguing that the wife was not entitled to any of the governmental pension because the government rules would not allow payout if the parties had not been married for 10 years. The law in Michigan is clear that a spouse is entitled to one-half of any pension accumulated during the marriage, so I suggested that we get a valuation of the pension even if the government wouldn't pay it out and use his 401k to offset the value.
