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Pension Rights
In Rhode Island, whether it is a privately held or public pension, the court considers it part of the assets of the marriage, providing the pension was earned predominantly during the course of the marriage. Because of this, Pension Rights is a confusing and misunderstood area for most divorcing couples.
Under property division rules, the assets and liabilities of the marriage are subject to division and dispersion according to certain guidelines. Bethany Macktaz, an experienced Family Law Attorney, can help guide you through the confusion and help you to see and understand clearly why the rules work as they do, while protecting your pension rights in divorce.
As a trained negotiator, Bethany can help you reach agreements in all family court matters including divorce, property division, alimony, child support, and pension rights. Bethany is a former Assistant Attorney General, and has been trained in mediation and negotiation with a view toward finding and arriving at solutions that are in the best interest of all parties.
While pension benefits that are amassed during the marriage become part of the marital property, any pension interest that accrues after the divorce are not. Pensions are typically treated as a source of income in determining things like alimony and child support payments, and of course are considered an asset in determining property division between the parties. In cases where the court awards the entire pension plan to one spouse, it is because the other spouse is receiving a comparable asset or property from the marriage.
Unfortunately, even if you have what would normally be considered a simple divorce, where pension rights are concerned there are no simple answers. Only the assistance of a trained Family Law Attorney can help you separate your marital property and understand the reasons behind it. When you are presented with this kind of a situation, Bethany can offer you an experienced voice who can both guide you and present viable solutions in a capable and caring manner. With Bethany’s more than fifteen years of service as a state prosecutor, you can be confident that you have a successful and competent trial attorney at your side.
Contact Bethany Macktaz now at (401) 490-0717 for help with Pension Rights, your Family Court Divorce, Child Support, Property Division, or other legal issue. You may also reach her by email at Bethany@MacktazLaw.com, or by using the confidential contact form HERE on her website for more information.