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?

UPDATED: May 24, 2012

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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 10 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.  

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