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-   -   If you change your pension into a disability pension does that become marital asset? (https://www.askmehelpdesk.com/showthread.php?t=461417)

  • Mar 30, 2010, 11:35 AM
    toomuch49
    If you change your pension into a disability pension does that become marital asset?
    Married 4 years husband became disabled changed his pension into a disability pension am I entitled to the pension? I read that once you change your regular pension while married into a disability pension it becomes a marital asset. We are in the process of getting a divorce, I received a letter from SS that I may be entitled to lifetime payments monthly and a lump sum payment. When I called the union to find out about this letter, they were ruid and told me my attorney has to do a Quadro. So was wondering if I am entitled to receive pension benefits is this a law? Also since the medical is through his union and he does not pay for the benefits only union dues once the divorce is final can an agreement be made to keep me on the insurance and my daughter because of pre-existing conditions?
  • Apr 2, 2010, 02:11 PM
    JudyKayTee

    These are questions to ask your Attorney, particularly the health insurance issue. In some States 4 years is a very short marriage and you may not be entitled too much "relief."

    Your husband has designated how he will receive his pension - X a month for his lifetime OR X a month for his lifetime as well as yours.

    What did he designate?
  • Apr 5, 2010, 08:44 PM
    toomuch49

    He put in joint pension and now it is a disability pension. So I wanted to know if I am entitled to half now that it is a marital asset when he changed it over to a diability pension. He also wiped out all the bank accounts that were joint as well , we were living off the money. He just thinks he can have it all and not have to give me anything after everything I have done for him. Do you know anything about this? I am just looking for the funds to be split equally that he took, and for some kind of relief being that he abandoned me and his stepchildren. My attorney said there is no such thing as abandonment however when reading up on it, there is abandonement in Florida... so I don't understand my attornies answer at all.
  • Apr 6, 2010, 10:05 AM
    JudyKayTee

    I would never second guess an Attorney who has (presumably) far more info and facts than I have.

    A lot of how this will be divided depends on when all of this happened - the changeover, the bank withdrawals.
  • Jan 17, 2012, 07:40 PM
    DreamzWorld
    I am disability pension, am I allow to get married?
  • Jan 17, 2012, 07:53 PM
    JudyKayTee
    Yes, disabled people are allowed to marry.

    You will not lose a private pension. Do you collect Social Security disability OR SSI?

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