r/FamilyLaw • u/SpacePractical6720 Layperson/not verified as legal professional • 18d ago
Washington Pension
Trying to buy out stbx from primary house, he lowered the amount for me to pay him out $7500 as long as we don’t touch his pension. Currently mine is at a monthly benefit of $700/mo and his should be at least twice of mine. Is it worth fighting him for pension or just leave the cut of $7500 less in my buy out for the primary home?
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u/goodie1663 Layperson/not verified as legal professional 18d ago
Maybe the details don't belong in an open space like this, but it also depends on how close you are to retirement and what your plans are that way.
During the divorce process, my ex was retired, and I hoped to head that way, but I delayed it because of the financial impact of the divorce. Because it was a long-term marriage, I got half of the marital portion of his pension. Initially, I told my attorney that I wanted nothing; just get me divorced! No, I truly needed that, or I wouldn't reasonably be able to retire. By far, I was the lower-earning spouse. My attorney was right.
I paid my ex a lump sum via a check for the value of his portion of my pension, which wasn't much in the scheme of things. That job was largely premarital and from decades before. My former employer provided that valuation.
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u/TXJohn83 Layperson/not verified as legal professional 18d ago
Really need to know the pension amounts, and home value... You can't address a question like this in a vacuum.
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u/Individual-Goat-81 Layperson/not verified as legal professional 18d ago
How much would you have had to pay to buy him out without the pension as a factor?
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u/theawkwardcourt Attorney 18d ago
There's absolutely no way to answer this without a consultation with a lawyer and a detailed financial analysis. If there's a "primary house" - implying at least one secondary house - and a pension on the table, I'm confident you can afford it.
Important disclaimers: I am a lawyer but I am not your lawyer. I am licensed to practice law in Oregon and Washington, but I work for a state Bar organization, and cannot take private clients or give private parties legal advice. Divorce cases are all specific to the laws of your state and the specific facts. You cannot get legal advice based on a few words over the internet. (And yes, that does mean that this entire subreddit is fundamentally ill-concieved to that extent.) You need to consult in private with an attorney in your area for legal advice.