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    liljet's Avatar
    liljet Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 24, 2012, 05:48 PM
    Dividing retirement in a divorce
    My husband and I have been married for 22 almost 23 years we are planning to divorce but are stuck on dividing his retirement, he has the old cilvil service plan since he has worked for the post office for 30 years, he also bought back 2years of military retirement while we were married. He maintains that I am only entitled to 11 years of his retirement, half of the 22years. I have been a stay at home mom most of our years together and was counting on sharing half of his retirement. Also he wants to do a do-it -yourself divorce, I don't think this is a good idea what with the complicated postal retirement. We have been living apart for 6 months but have not done any legal paperwork, do we still consider this time into the length of the marriage. Any thoughts? Thank you.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Jan 24, 2012, 07:33 PM
    You will need a lawyer to walk you through the process. So long as he agrees then it can go through uncontested. Depending on when the retirement started and what state you are in you may be entitled to 1/2. Plus it takes special permissions to attach to the retirement. Its not something to go at alone. If other assets are involved like a home then there may be room for trade offs. All of this is going to be your decision not his until the courts say different. Protect your rights at this time.

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