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sierra53

Junior Member
Missouri
Hello, I am in a rather unusual predicament. My husband has filed for a divorce. We are using his attorney. We have nothing to separate, I have lived alone for a year now. However, we were married 20 years. I was told by his attorney that the retirement plan on behalf of what I may when I too retire is up to him and me. Its all we have to separate. I have cleaned homes off and on for years but no verifiable income, no retirement money at all. I receive a check for $220 a month from prior husbands pension plan. Last I checked for my own SS was 7 years ago and it was like $186. I am 53 years old and trying to get a GED just to make a dollar more than this pay I receive now...$10.42. I work part-time. He had cancer and an APR operation about a year and a half ago. His cancer is in remission and not expected to come back. I too am physically afflicted. I will have no insurance after our divorce. He has a brand new 2015 F150 pick up truck he is leasing, a 2015 Harley Davidson Glider, Also a ATV 2014 Can-Am, however, he makes alot of side money, so this ATV was paid off and hidden as far as items listed on documents I received by the server. I know this. I don't care. I have a 2000 jeep in which I dropped $1,200 in last year and I was able to do that because I sold my wedding band. I just had Carpal Tunnel op because I will no longer have any insurance after divorce. I also listed today a bracelet on Craigslist to survive another two weeks until I can get back to work. I am a diabetic insulin dependent/high blood pressure victim if you will. I have no money...I know he has a safe full, nothing I can do about it. I did not want this divorce...it's just the way it all went. I am broken in my heart. However, I must survive, any help is good. I don't know where to start, I have no money for an attorney and thats why I am starting here, to possibly educate myself a bit. My husband did not list his retirement earnings from Central States Fund Pension on the divorce documents I received from the server., but, long ago he had given me a piece of paper that he had hand written and gave to me in case anything happen to him in regards to his retirement.. I am at a loss. Right now typing with one hand, my account is just about wiped out, and myself also. All we have to separate and agree on is his retirement and I don't know where to start. I have 30 days to reply. His attorney is sending me a pamphlet of all that he is agreeing on and if I agree I am to sign it and they will set up a court date. I would think all of his earnings until he retires as far as his retirement should be listed on that document being prepared and sent out to me. It's a mess, any help is good help. I don't know how much more I can withstand. Thank you again, any help is good help. How do I find out about this retirement, how much he will receive and what is fair on my part?
 


I'mTheFather

Senior Member
The very best advice I can offer is to get your own attorney. His attorney will NOT care about your best interests. Borrow from friends and family if you have to.
 

sierra53

Junior Member
Thats just is, I cannot borrow from family or friends, that is bad to do and they have no money. Unless I could find an attorney who would have him pay, then I have no way to do this. What is my right to his retirement? is it half?
 

Proserpina

Senior Member
Thats just is, I cannot borrow from family or friends, that is bad to do and they have no money. Unless I could find an attorney who would have him pay, then I have no way to do this. What is my right to his retirement? is it half?
May I ask a question?

Why should your husband pay for an attorney for you?
 

I'mTheFather

Senior Member
Get a free consult with several attorneys. Ask about payment plans.

As far as his pension, that's negotiable. You need an attorney.
 

LdiJ

Senior Member
Thats just is, I cannot borrow from family or friends, that is bad to do and they have no money. Unless I could find an attorney who would have him pay, then I have no way to do this. What is my right to his retirement? is it half?
Generally half of what accrued during the marriage.

You will also have the right to collect Social Security Retirement benefits on his work credits rather than your own, even though you will be divorced.
 

single317dad

Senior Member
Missouri
Hello, I am in a rather unusual predicament. My husband has filed for a divorce. We are using his attorney. We have nothing to separate, I have lived alone for a year now. However, we were married 20 years. I was told by his attorney that the retirement plan on behalf of what I may when I too retire is up to him and me. Its all we have to separate. I have cleaned homes off and on for years but no verifiable income, no retirement money at all. I receive a check for $220 a month from prior husbands pension plan. Last I checked for my own SS was 7 years ago and it was like $186. I am 53 years old and trying to get a GED just to make a dollar more than this pay I receive now...$10.42. I work part-time. He had cancer and an APR operation about a year and a half ago. His cancer is in remission and not expected to come back. I too am physically afflicted. I will have no insurance after our divorce. He has a brand new 2015 F150 pick up truck he is leasing, a 2015 Harley Davidson Glider, Also a ATV 2014 Can-Am, however, he makes alot of side money, so this ATV was paid off and hidden as far as items listed on documents I received by the server. I know this. I don't care. I have a 2000 jeep in which I dropped $1,200 in last year and I was able to do that because I sold my wedding band. I just had Carpal Tunnel op because I will no longer have any insurance after divorce. I also listed today a bracelet on Craigslist to survive another two weeks until I can get back to work. I am a diabetic insulin dependent/high blood pressure victim if you will. I have no money...I know he has a safe full, nothing I can do about it. I did not want this divorce...it's just the way it all went. I am broken in my heart. However, I must survive, any help is good. I don't know where to start, I have no money for an attorney and thats why I am starting here, to possibly educate myself a bit. My husband did not list his retirement earnings from Central States Fund Pension on the divorce documents I received from the server., but, long ago he had given me a piece of paper that he had hand written and gave to me in case anything happen to him in regards to his retirement.. I am at a loss. Right now typing with one hand, my account is just about wiped out, and myself also. All we have to separate and agree on is his retirement and I don't know where to start. I have 30 days to reply. His attorney is sending me a pamphlet of all that he is agreeing on and if I agree I am to sign it and they will set up a court date. I would think all of his earnings until he retires as far as his retirement should be listed on that document being prepared and sent out to me. It's a mess, any help is good help. I don't know how much more I can withstand. Thank you again, any help is good help. How do I find out about this retirement, how much he will receive and what is fair on my part?
Do not agree to the property settlement until you feel that you are getting your fair share of assets. You can handle that without an attorney, though I agree strongly with the earlier suggestion that you get your own attorney and not rely on his. Simply refuse to settle until he agrees to divide the assets fairly. Start with that "piece of paper" you have and research until you find the hidden money.
 

stealth2

Under the Radar Member
In addition to a portion of his pension, you should be entitled to a portion of the assets accrued since you married - that really does include his vehicles, the money he's hiding, etc. You should also look into spousal support - you have a pretty decent argument for that, IMO.

At the very least, call around for some consultations. Free or not, it will be money well spent. If you absolutely cannot afford/find a lawyer on a payment plan, save up for an hour of a lawyer's time for when they present you with an actual offer. You need someone on YOUR side to make sure you are getting an equitable deal. SIGN NOTHING FROM HIS LAWYER UNTIL YOU'VE HAD IT VETTED BY YOUR OWN COUNSEL!!!!!! Don't let them pressure you. Just say "Thank you. I'll need a few days to review this before I can sign it." and leave.

In the meantime, do your research. Read through your state's laws and everything else regarding divorce that you can find - when it is not information for your state, research to see if it applies or not. Talk to anyone and everyone you know - someone may know an attorney who could help you - you never know. Read everything you can - this is now your second job.
 

commentator

Senior Member
I get a feeling that perhaps this person is not a native English speaker, in any case this OP is not someone who would do very well with self representing. An attorney is going to be very important to you. Talk about referrals from your local legal services. Arrange a free consult. Do something to get yourself an attorney, or spend a long time in the future figuring out how you got shafted now.
 

sierra53

Junior Member
Generally half of what accrued during the marriage.

You will also have the right to collect Social Security Retirement benefits on his work credits rather than your own, even though you will be divorced.


Thank you very much, this indeed is helpful. I appreciate it.
 

Silverplum

Senior Member
See if you can get legal help from these places: http://www.lsmo.org/

http://www.lsmo.org/topics/862

https://apps.americanbar.org/legalservices/findlegalhelp/freehelp.cfm?id=MO
 

sierra53

Junior Member
I get a feeling that perhaps this person is not a native English speaker, in any case this OP is not someone who would do very well with self representing. An attorney is going to be very important to you. Talk about referrals from your local legal services. Arrange a free consult. Do something to get yourself an attorney, or spend a long time in the future figuring out how you got shafted now.

Thank you, I am an American born and raised here. Your right about the self representation, although, in 1987 I represented myself with another attorney in court and won. I did my homework well. That was then, this is now. I have had to overcome much and I just don't have it in me anymore to attempt such a thing. I appreciate your input and it will be in my hunt to do the smart thing. :)
 

sierra53

Junior Member
The very best advice I can offer is to get your own attorney. His attorney will NOT care about your best interests. Borrow from friends and family if you have to.
And, that is my worse fear, where is the love. I have received very good help in this forum, I am thankful and appreciate all the replies. It's just a blessing in itself to have a place to start, in the past, where computers did not exist, the information was all in the library, but we still need out libraries, its lightening fast with computers. Thank you again!
 

sierra53

Junior Member
Do not agree to the property settlement until you feel that you are getting your fair share of assets. You can handle that without an attorney, though I agree strongly with the earlier suggestion that you get your own attorney and not rely on his. Simply refuse to settle until he agrees to divide the assets fairly. Start with that "piece of paper" you have and research until you find the hidden money.

Thank you very much on this!
 

sierra53

Junior Member
Generally half of what accrued during the marriage.

You will also have the right to collect Social Security Retirement benefits on his work credits rather than your own, even though you will be divorced.

I seemingly am replying to these post but don't see my reply back to you...hope this time it works. I wanted to say thank you, this was a worry of mine too. Any help is good help, thank you!!!
 

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