Legal Question in Family Law in Oregon

After 25 years of marriage my husband divorced me, I receive spousal support, but I did not get any medical insurance and I cannot afford it with what I just receive from my spousal. I do get my share of the pension when he retires at 62. Which is in 11 years from now. Can I get that pension now? and how much of a penalty will I have to pay?


Asked on 4/25/11, 5:35 pm

2 Answers from Attorneys
David Clarke David C. Clarke, Attorney at Law

You probably can't get any of the pension now but you would need to read the provisions of the pension plan to see what is allowed. An alternative is to "sell" your share back to your ex spouse at a discount. You could get cash or cash payments directly from him now in exchange for giving up your rights to the pension in the future.

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Answered on 4/25/11, 8:44 pm
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Depending on the type of pension/retirement plan involved, you may very well be able to obtain your court-awarded portion now, without having to wait 11 years. And this may be accomplished without an "penalty," again depending on the type of plan and its terms and provisions.

Best advice is to confer with an family law lawyer who is experienced, conversant and knowlegeable with the division of pension and retirement assets incident to divorce. This is a routine part of my law practice, and I welcome the opportunity to be of assistance. You may contact me as follows:

LAWRENCE D. GORIN

http://ldgorin.justia.net/index.com

Law Office of L.D. Gorin

6700 S.W. 105th Ave., Suite 104

Beaverton, Oregon 97008

Phone: 503-716-8756

Fax: 503-646-1128

E-mail: [email protected]

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Answered on 4/26/11, 11:26 am


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