Articles Posted in Pensions

Published on:

Both the husband and the wife should be entitled to have equal access to the court system when proceeding with a divorce.

Often times, one spouse controls substantially most of the financial wealth that has been accumulated during the marriage. This makes it difficult for the other spouse to retain and seek the advice of a lawyer.

There is a remedy available to a spouse who has little or no access to funds, but who still requires an attorney. The remedy is found under Florida statute 61.16, which provides for the award of attorney’s fees, suit money, and costs.

Published on:

Military retirement benefits are marital assets and subject to equitable distribution. Florida Statute 61.076. The exception is that military retirement benefits that are based on a disability are excluded from equitable distribution. Abernethy v. Fishkin, 699 So2d 235 (Fla 1997).

Disability pension and benefits are not marital assets, and are not subject to equitable distribution. See Hanks v. Hanks, 553 So2d 340 (Fla. 4th DCA 1989). The reason for this is because the benefits are personal to the employee; it represents compensation for injuries or lost wages sustained on the job.

Federal social security benefits are not divisible as marital assets upon a divorce. Johnson v. Johnson, 726 So2d 393 (Fla. 1st DCA 1999). Social security represents social insurance, and it is not considered a property interest under the law.