Pension Funds

[Kay]

Am I correct in my understanding that I would be legally entitled to part of my spouse's pension when he retires, as long as I don't remarry? I am actually interested in convincing him to not contest the divorce, and thought I would offer to "waive" any rights/claims to that in the future. Can I do that? I don't really feel entitled to it anyway, and have always worked and made my own way in the world and will continue to do so. But I thought it might make a good concession on my part in convincing him to cooperate in an uncontested divorce. I am in Tennessee.

 

[dorenephilpot]

In Indiana, you would be entitled to half of the retirement benefits that accrued during the marriage.

Generally, those benefits can be broken out by a QDRO (Qualified Domestic Relations Order) so that you can create your own account with whatever funds you have due to you.

Generally you do not have to stay single in order for those benefits to be yours.

If you want to use that as a bargaining chip for other things, that's fine, too.

You can always agree to divide the debts and assets how you wish, and the court will generally approve your settlement as long as it's not "unconscionable."

Hope this helps answer your questions.