Is my brother's ex-wife entitled to his pension check?

02/01/2007 - Category:Divorce - Property Settlements - State: ID #889

Full Question:

My brother has been divorced a year. He and his wife were married for 42 yrs. and the marriage failed because of her gambling. My brother gets his social security and also a pension from the company with which he was employed. His ex-wife wants her lawyer to take away my brothers pension check, all of it, and he will only have his social security check to live on. Is she entitled to any of his pension?

Answer:

If he and his ex-wife are divorced, hasn’t the court already issued an order regarding property settlement?

In Idaho, the court will divide the all of the community property equally after setting aside to each spouse that spouse's separate property, unless there exists compelling reasons to divide the property otherwise. Some of the factors the court will examine in making a determination as to whether to divide the community property equally include:

1. The duration of the marriage
2. Any antenuptial agreement
3. The age, health, occupation, amount and sources of income, vocational skills, employability and liabilities of each spouse
4. The needs of each spouse
5. The present and future earning capacity of each spouse
6. Retirement benefits of each spouse
7. Any other relevant factor 32-712



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02/01/2007 - Category: Property Settlements - State: ID #889

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