I can only assume since a pension is not a Federally-protected retirement fund (like an IRA/401K), but company owned, the ex will be entitled to garnish it. I would speak with the employer to see if a lump sum can be offered vs. monthly/weekly pension payments. If the company is willing to do so, then you can protect that asset. I would think if the company is willing to give a lump sum pension, the actual amount would have to be negotiated between the two parties. Of course, if your husband chooses not to collect his pension, the ex would not be entitled to it because he's not collecting it. However, you may want to check with the employer's benefits department to see if the court can order it, but I highly doubt it. I highly recommend that your husband
negotiates with the employer to see if he can get a lump sum at a reduced rate.
By the way, I live in Florida.
Nice talking to you,
Susan
----- Forwarded Message ----
From: samkelley65 <Carmella.M.Kelley@...>
To: alimonyreform2ndwivesclub@yahoogroups.com
Sent: Wednesday, July 8, 2009 11:43:29 AM
Subject: [alimonyreform2ndwivesclub] Re: Social Security Administration (SSA) Garnishment
From: samkelley65 <Carmella.M.Kelley@...>
To: alimonyreform2ndwivesclub@yahoogroups.com
Sent: Wednesday, July 8, 2009 11:43:29 AM
Subject: [alimonyreform2ndwivesclub] Re: Social Security Administration (SSA) Garnishment
Susan: What state do you live in? I agree does anyone know if this is for certain. Also I am wondering how it works with pensions if the husband doesn't ever collect on his pension from work does the ex-wife ever get any of it.