Is 1/2 My pension ailimony?

[NHfather]

What is the name of your state (only U.S. law)? NH I pay child support and my ex was awarded 1/2 my pension, Is this ailmony?

 

[stealth2]

No, it is not alimony. It was marital property, which was appropriately split between the two of you.

 

[NHfather]

Is She still intitaled to it after She remarries?

 

[stealth2]

Entitled to what? Your pension? Her marital state has nothing to do with it.

Alimony? Depends entirely on what your order states. If it says she loses it when she remarries, then she does. If it says nothing? Then.... likely not.

 

[nextwife]

Are you retired? Is that your only source of income? Was she awarded CS and alimony in an amount that equals half the monthly pension benefit you are recieving?

OR are you working and she was awarded half the amount that accrued INTO your pension during the marriage (and you should have been awarded half of whatever SHE accrued into her retirement/penison during the same period).

 

[LdiJ]

Bottom line, a pension division is a property settlement. It is not alimony.

Its not something that ends upon remarriage.

 

[NHfather]

OK Is she entitled to 1/2 of the whole pension or just the sum earned while we were married? I'm retired do to disability and have 30 + years in before we were married and only 30 months while married. What if there is stuff checked off in the Divorce decree that wasn't there when I signed it like the pension for one and changing her name back for another. While in mediation she agreed to keep married name for the kids sake and she relinquishes the pension but then both are checked off in the copy i got in the mail. Yes I can prove she wanted to keep the name (well I think I can anyway) there were lawyers and a court mediator present during negotiation. But will anyone listen? She has never asked for it and still hasn't changed her name although she will when She remarries.
No it's not my only source of income I also get SSDI. We are fighting big time and I'm afraid if I fight her in court she'll brill the pension up and then I'll be financially ruined. If taking 1/2 My pension leaves me unable to provide adequate financial stability for Me and My kids is there a way to stop her from getting said 1/2 of my pension?

 

[LdiJ]

OK Is she entitled to 1/2 of the whole pension or just the sum earned while we were married? I'm retired do to disability and have 30 + years in before we were married and only 30 months while married. What if there is stuff checked off in the Divorce decree that wasn't there when I signed it like the pension for one and changing her name back for another. While in mediation she agreed to keep married name for the kids sake and she relinquishes the pension but then both are checked off in the copy i got in the mail. Yes I can prove she wanted to keep the name (well I think I can anyway) there were lawyers and a court mediator present during negotiation. But will anyone listen? She has never asked for it and still hasn't changed her name although she will when She remarries.
No it's not my only source of income I also get SSDI. We are fighting big time and I'm afraid if I fight her in court she'll brill the pension up and then I'll be financially ruined. If taking 1/2 My pension leaves me unable to provide adequate financial stability for Me and My kids is there a way to stop her from getting said 1/2 of my pension?

How long have you been married? Did you mean that you only worked and accumulated your pension for 30 months of your marriage, or do you mean that you have only been married for 30 months? Normally she would only be entitled to 1/2 of the portion that accrued during the marriage. However, have an attorney take a look at your paperwork and give you an opinion.

She cannot be forced to keep your last name, even if she agreed to it in the divorce. That's something unenforceable.

 

[NHfather]

we were married for 10 years I got hurt 30 months into the marrage and have not worked sense. Didn't ask if i could force her to keep my name quit frankly after all she's been trying to do lately I'd prefer she not use it any longer she wanted her name back i asked her to keep mine for the kids she agreed but somehow it ended up in the DD along with the pension split and neither one was there when i signed it I'm positive about that. so what if anything can i do about it I'm sure now that were really fighting heavy she'll not agree to relinquish the pension now

 

[nextwife]

If you don't have an attorney you REALLY need one. She should NOT be entitled to 50% of the ENTIRE retirement, only 50% of the marital portion.

 

[LdiJ]

we were married for 10 years I got hurt 30 months into the marrage and have not worked sense. Didn't ask if i could force her to keep my name quit frankly after all she's been trying to do lately I'd prefer she not use it any longer she wanted her name back i asked her to keep mine for the kids she agreed but somehow it ended up in the DD along with the pension split and neither one was there when i signed it I'm positive about that. so what if anything can i do about it I'm sure now that were really fighting heavy she'll not agree to relinquish the pension now

Don't you have a copy of what you signed?

 

[nextwife]

What is the nature of your disability? Are there cognitive deficits involved?