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  1. #1
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    Divorse money split

    What is the name of your state (only U.S. law)? Pennsylvania. So im married and i found out my husband of 30 years is on drugs and is cheating on me. My house is in both of our names how will that split work if we divorce? And also i retire in a few years with a pension, if we divorce before i recieve the pension is he still entitled to money from my pension? -thank you


  2. #2
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    Basically, everything you both own and owe gets divided equally between you, including pensions.


    Last edited by m martin; 12-04-2017 at 05:45 PM.
  3. #3
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    Quote Originally Posted by jhotrod6 View Post
    What is the name of your state (only U.S. law)? Pennsylvania. So im married and i found out my husband of 30 years is on drugs and is cheating on me. My house is in both of our names how will that split work if we divorce? And also i retire in a few years with a pension, if we divorce before i recieve the pension is he still entitled to money from my pension? -thank you
    The house is marital property and you each are entitled to half the equity. He is entitled to a portion of the pension that accrued during the marriage. That is the simplistic view. If the house is in BOTH of your names that you can't say it is "my house".


    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  4. #4
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    THere may be no doubt in your mind that hubby is squandering a good bit of the marital pot on drugs and he may well be wasting part of the marital pot to entertain his new friends. ...but you best be using good counsel soon to protect your point of view In our convoluted society, if he scrambles his brains and is " disabled" due to his illegal habits you might be stuck to provide his care until he is cured ...get counsel!


  5. #5
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    Quote Originally Posted by HRZ View Post
    THere may be no doubt in your mind that hubby is squandering a good bit of the marital pot on drugs and he may well be wasting part of the marital pot to entertain his new friends. ...but you best be using good counsel soon to protect your point of view In our convoluted society, if he scrambles his brains and is " disabled" due to his illegal habits you might be stuck to provide his care until he is cured ...get counsel!
    And just in case...get counsel means get an attorney because there is at least some small chance that you can get a more favorable split of marital assets if he can be proven to have dissipated them based on his drug use.


  6. #6
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    Pension split

    So even if i havent recieved my pension and wont retire for another 4 years, he would still get part of my pension if we divorce before i retire?


  7. #7
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    He might get a slice then too


  8. #8
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    Quote Originally Posted by jhotrod6 View Post
    So even if i havent recieved my pension and wont retire for another 4 years, he would still get part of my pension if we divorce before i retire?
    Potentially yes.


  9. #9
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    Quote Originally Posted by jhotrod6 View Post
    So even if i havent recieved my pension and wont retire for another 4 years, he would still get part of my pension if we divorce before i retire?
    Yes. He is entitled to a portion of your retirement/pension that accrued during the marriage.


    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  10. #10
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    You didn't post anything about the big financial picture , his job and if he is blowing thru family financial pot ....the practical problem may include if he squanders the family pot or drains his pot , no matter what the legal view may be , it may be impossible to reconstruct a ruined pot ...you would be smarter to get attorney input earlier in the equation.


  11. #11
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    Quote Originally Posted by HRZ View Post
    You didn't post anything about the big financial picture , his job and if he is blowing thru family financial pot ....the practical problem may include if he squanders the family pot or drains his pot , no matter what the legal view may be , it may be impossible to reconstruct a ruined pot ...you would be smarter to get attorney input earlier in the equation.
    Yes.

    I've heard that recreational drug habits are expensive.

    OP needs to protect herself financially, legally, and physically. Untangling a 30 year marriage means that pretty much everything is marital property. However, if there has been "wasteful dissipation of assets", that can be taken into account when splitting up the assets. OP needs to start documenting expenditures.


  12. #12
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    Quote Originally Posted by not2cleverRed View Post
    Yes.

    I've heard that recreational drug habits are expensive.

    OP needs to protect herself financially, legally, and physically. Untangling a 30 year marriage means that pretty much everything is marital property. However, if there has been "wasteful dissipation of assets", that can be taken into account when splitting up the assets. OP needs to start documenting expenditures.
    Depends. Maybe the marital pot is actually being spent on POT. And then...


    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  13. #13
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    Quote Originally Posted by Ohiogal View Post
    Depends. Maybe the marital pot is actually being spent on POT. And then...
    ...Munchies with his girlfriend(s)? Assuming he's not paying for that too.


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