News & Analysis as of

Divorce Pensions

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
Fox Rothschild LLP

I’m 58 and I Have “This” Much. Can I Retire?

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We have lamented these articles in a prior blog where we advised readers to “Know Thy Expenses” before stepping into any kind of retirement. People read these articles looking for solace in their own plans. Yet, until you...more

A&O Shearman

Pensions: what's new this week - 8 January 2024

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Welcome to your weekly update from the Allen & Overy Pensions team, covering all the latest legal and regulatory developments in the world of workplace pensions. This week we cover the following topics: TPO statement on...more

Fox Rothschild LLP

Don’t Forget About Your Missing $1.65 Trillion in Retirement. The Government May Help.

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Just a few months ago we wrote about folks who have forgotten about retirement assets. Our article was based on experience. But now we have seen the data and it is staggering. The news comes about because the Biden...more

Fox Rothschild LLP

Divorcing a Soldier or Sailor? Be Cautious!

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Much of the material reported in this blog comes from appellate cases; mostly Pennsylvania, but sometimes federal cases and decisions from other states. And, sometimes I will pass over a case only to see it reported by...more

Fox Rothschild LLP

Whaddaya Mean My Dead Ex Is Getting A Cut Of My Pension?

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Defined benefit pensions, the ones that payout monthly, are strange animals. They are rare today except where unions and public agencies are found, and they can produce some odd results. Carl Jagnow married his wife...more

Fox Rothschild LLP

Make Sure To Enter QDROs At The Time Of Divorce

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We recently received a favorable appellate decision on behalf of our client whose ex-husband tried to manipulate their divorce agreement regarding distribution of his New Jersey PERS pension (“pension”) nearly three decades...more

Fox Rothschild LLP

Pension Justice Done; But Along A Rocky Road

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On April 30, 2019, the Superior Court published a panel decision related to a retirement benefit divided in divorce. This wasn’t just any pension, but one established for a Pennsylvania municipality. As this author learned...more

Fox Rothschild LLP

Equitable Remedies For Ex-Spouses Who Lost Their Share Of A Military Pension Due To The Military Spouse’s Receipt Of Disability...

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Divorces involving a spouse in the military generally involve unique issues. In the recently published decision of Fattore v. Fattore, the Appellate Division held that the trial court cannot replace, “dollar for dollar”, an...more

Verrill

ERISA Preemption of State Slayer Statutes: Does it Matter?

Verrill on

Over the last decade, courts around the country have been asked to decide whether ERISA preempts state slayer statutes – state laws that prohibit a murderer from collecting benefits as the beneficiary of the victim’s estate...more

Blake, Cassels & Graydon LLP

Pensions Newsletter – January 2019

Welcome to the 23rd issue of the Blakes Pensions Newsletter. This newsletter provides a summary of recent jurisprudential developments that affect pensions and benefits and is not intended to be legal advice....more

Pullman & Comley, LLC

Appellate Court Notes

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Appellate Court Advance Release Opinions: - AC38945 - Shook v. Bartholomew - AC38945 - Shook v. Eastern Connecticut Health Network, Inc. Defendants could not appeal plaintiff’s verdict in this motor vehicle accident...more

Dorsey & Whitney LLP

The Supreme Court - December, 2016

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The Supreme Court of the United States granted certiorari in seven cases on Friday afternoon: Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189: 1) Whether a "conditional sale" that transfers title to...more

Burns & Levinson LLP

Military Pensions Could See Significant Changes

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Pending Federal legislation could have a huge impact on how judges will divide military pensions during a divorce. In a previous post, I discussed at length how military pension plans currently could be divided in the context...more

Stinson - Benefits Notes Blog

Beware the Retroactive QDRO

Employers know that they must honor qualified domestic relations orders (QDROs) that assign a portion of a retirement benefit to a participant’s former spouse, known as an alternate payee, when the participant and alternate...more

Williams Mullen

Ex-Husband Fails in Attempt to Use Texas Law to Impose Constructive Trust on Former Spouse’s Survivor Annuity

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A former husband’s attempt to use Texas law to deprive his first wife of a survivor annuity under his pension plan has been firmly rejected by the U. S. Court of Appeals for the District of Columbia. Vanderkam v. Vanderkam,...more

Burns & Levinson LLP

Gray Divorce: Retirement Accounts and Estate Planning

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DIVIDING RETIREMENT ACCOUNTS - There are important differences associated with dividing retirement plans that are already in pay status and those that are not. Some people divorcing later in life are already retired,...more

Stinson - Benefits Notes Blog

Do Not Delay Getting Your QDRO

Employers know that benefits under a retirement plan can be split between a participant and a former spouse in the event of a divorce under the terms of a qualified domestic relations order (QDRO). A domestic relations order...more

Pullman & Comley, LLC

Appellate Notes: Week of March 18, 2013

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In This Issue: - SC18921- Redding Life Care, Inc. v. Redding - SC18846- Bauer v. Bauer - SC18947- State v. Charlotte Hungerford Hospital - AC34075- Carrillo v. Goldberg - AC33764- Alarmax...more

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