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An application to open a divorce case for a husband's pension.

In many cases a divorce settlement fails to contain terms for the distribution of a husband’s pension.  The result causes much confusion, and very important legal questions arise.  Did the wife make a mistake because she didn’t receive a fair part of her husband’s pension?  Or did the lawyer over look it? Was the omission of the pension agreement intentional?  Or did the wife give up a share of her husband’s pension?  In most cases the only way to answer an array of questions is to have a plenary hearing.   In most cases ex wives do not receive a share of their husband’s pensions.  Most the time they fail to appreciate how valuable a pension can be.  So many times the ex wife is in such a hurry to start up another relationship that the divorce is rushed through.  But, over time when they reach their retirement age, they are looking for some type of support or income.  If this presents its self then a wife can file an application to reopen the divorce case, she can request that the pension is split up even after the divorce case is over.  Here are some important steps the moving party will have to take. 
  1. You will have to have very detailed motion papers prepared.
  2.  A excellent legal brief to convince the courts to reopen the case
  3. You will also have to submit a new CIS.
 In many cases the quality of the motion papers, and who the individual judge is, many judges will rule that the settlement agreement was a contract and shouldn’t be modified, other judges will asses whether the property agreement was reasonable and fair.  The standard of living is also assessed, is the ex wife struggling financially and the ex husband living like a rock star, they the case may be reopened.  Most the time ex wives do not pursue getting a share of the husband’s pension in the divorce.  This mistake comes back to often hurt them.  If these scenarios occur and you can get a judge to hear your case you may have a chance to reopen the divorce case, Courts do not want ex wives to supper financially.   If the divorce case is reopened in an omitted pension scenario then the parties will have to have the pension valued b a actuary. The actuary will determine the share of the pension that was gained during the marriage and asses the monthly pension check.  Reading over this blog makes you again realize how important it is to find the right lawyer, one that will look over every aspect of your life and marriage, so that you don’t have to go back. 

 

Posted: Nov 13 2007, 09:01 AM by Divorce | with no comments

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