If I was married for 16 years before my divoce, what can be done if the decree states ex-wife gets some of my pension?

I am retiring and I have an SERS pension plan, under the divorce decree I am required to give a portion of the pension to my ex-wife. We were married 16 years, I thought she would be given a lump sum but it looks like she is entitled to a monthly payment until I pass. Is there anything that can be done?

Asked on May 24, 2012 under Family Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I would strongly suggest that you seek help from an attorney in your area.  There are too many details here that are left out.  When were you divorced?  Was this awarded by a judge or did you agree to it? You may be able to negotiate a deal with your ex and pay her a lump sum in lieu of monthly payments.  "Until you pass" seems awfully long a time frame for the duration of the marriage but since all the facts are not before me it is hard to tell.  Good luck.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.