As an experienced Saratoga Divorce Attorney, I am often called after a divorce and asked what to do if a spouse is refusing to retire so you can not collect your part of the benefits.
- Sometimes, in retaliation against a former spouse, the spouse who is titled to a pension plan elects not to retire way to prevent them from receiving their share of the pension.
- Because homes and retirement accounts often represent a couple’s most significant assets, real problems can arise.
- In anticipation of potential issues, a mandate as to a retirement age can be included in the couple’s agreement.
- In some cases, payment of spousal maintenance that continues until the titled spouse elects retirement – or starts at the age when retirement can be elected – can be specified in lieu of payment that would have been received.
Is your spouse refusing to retire to avoid sharing the pension plan? Contact dedicated Saratoga Divorce Attorney Jean Mahserjian for immediate help.