In a disillusion of marriage?
In a dissolution of marriage (divorce) action, the court determines what assets are marital, non-marital, and pre-marital. The Court then divides the marital assets between the parties, which most often means a 50/50 split. For a house, the court usually either grants one party the home and then compensates the other party for their share of the marital equity in the home. Sometimes the court will order the home sold and the marital part of the proceeds of the sale of the home split between the parties. For the pension, the court determines what part of the pension is marital and then determines the marital value. The court then generally awards the pension to the person whose name is on the pension and then compensates the other party for their marital portion of the pension. This is most often done by entering a QDRO which awards the other party a partial interest in the pension to compensate for their share of the marital value of the pension.
Although I am an attorney practicing law in Nebraska, the answer I provide is for general purposes only and does not establish an attorney-client relationship. If you need legal advice, you should contact an attorney who will discuss with you the specific facts of your case.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline