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Division of a Pension in a Mississippi Divorce

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  • 03-30-2011, 10:57 AM
    miss98765
    Division of a Pension in a Mississippi Divorce
    My question involves divorce in the State of: Mississippi
    My question is how and will I be entitled to my husbands pension (union, not sure what it is called), I know it has quite a bit in it as he is 43 and contributed since his early 20s. We have been married 14 yrs. he has had numerous affairs, as this is the reason we are divorcing. He has admitted it and I have text messages from her. Also, I am a fulltime student, cannot work due to a crushed arm; I have had 7 surgeries in the last 3 yrs. I have no income, and he has left me with no money, car....we do not own a home, and I need the insurance as it may be yrs. before I get disability. I am seeing an attorney next week, with hopes he will take my case, while asking fees from husband! I appreciate any help about the pension and how long I can "drag" the divorce on so as to have coverage!! Sorry so long!
  • 03-31-2011, 08:17 PM
    Mr. Knowitall
    Re: Division of a Pension in a Mississippi Divorce
    It looks like you would have a claim to the portion of the pension that was earned during the marriage:
    Quote:

    Quoting [I
    Wheat v. Wheat[/I], 37 So. 3d 632 (Miss. 2010)]"Assets acquired or accumulated during the course of a marriage are subject to equitable division unless it can be shown by proof that such assets are attributable to one of the parties' separate estates prior to the marriage or outside the marriage." Hemsley, 639 So.2d at 914. Given that James showed proof that his pension was fully funded prior to the marriage, and given that Judy's counsel, both in a letter to James's counsel and during oral arguments at the hearing, conceded that the pension was nonmarital property, the chancellor did not commit manifest error in reclassifying the pension as James's nonmarital property.

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