Articles Tagged with pension

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I would like to begin this blog post by thanking all those who are currently serving in the United States military and to all Veterans  that have served. Currently, there are approximately 22 million veterans of the U.S. armed forces and 1.5 million currently serving. On September 15, 2017, the U.S. Supreme Court issued a ruling potentially affecting their military families. The Supreme Court unanimously ruled in May, 2017, in the case of Howell v. Howell (No.15-1037) that a state court may not order a veteran to indemnify a divorced spouse for the loss in the divorced spouse’s portion of the veteran’s retirement pay caused by the veteran’s waiver of retirement pay to receive service-related disability benefits. Continue reading

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1409593_gavel_3On September 2, 2014, the New Jersey Appellate Division published an opinion in the case of Krupinski v. Krupinski, reversing the trial court’s decision denying Mr. Krupinski’s motion to terminate alimony, and directing the trial court on remand to provide for an exchange of discovery and the possibility of an evidentiary hearing. The basis for Mr. Krupinski’s application was that his former spouse, from whom he was divorced in 1990, was receiving a large portion of this teacher’s pension through a Qualified Domestic Relations Order (QDRO). Continue reading

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In any and all cases where a pension is to be equitably distributed between the parties, there are two questions that a family law practitioner must always consider: (1) How is the pension going to be valued and istributed;  and (2) Are survivor benefits going to be elected for the non-pensioner spouse?  The recently published decision in Evans-Donahue v. Donahue, which was drafted by the Honorable Steven J. Polansky, J.S.C., provides much needed insight into the answering of each of those questions when it comes to the equitable distribution of pensions. Continue reading