Pensions

[esimonek]

What is the name of your state?Michigan

My best friend's husband continues to threaten her with divorce(he is controlling). He is retired and she will retire within a year. He has threatened to take some of her pension although he collects one of his own. Is this legal? Also, if he is the cause of the divorce(ie. verbal,emotional or other abuse) would the access to the pension be forfeited? What steps does my friend need to take in order to protect her interests?

[ceara19]

If the law says he is entitled to half of her retirement, she in turn would be entitled to half of his.

[LdiJ]

Originally Posted by ceara19

If the law says he is entitled to half of her retirement, she in turn would be entitled to half of his.

Half of what accrued during the marriage.

[nextwife]

Originally Posted by LdiJ

Half of what accrued during the marriage.

Exactly. If he was already retired, for example, when they married, and had no further accrual in retirement accounts DURING the marriage, then he may end up getting half her marital accrual, and she none from him.

This is no different than what happens when a marriage fails in which one has been a SAH spouse and the other worked - when they split, one will have retirement funds to share and one won't.