Can she get my pension?

[mss080]

What is the name of your state? Indiana
My wife and I were going to file for divorce pro se. Now she thinks she will hire an attorney because she wants my pension. We have been married less than 4 years and have no children. We have also filed for Chapter 7 relief and now she wants to withdraw from that. I've tried to explain to her that there are no assets to divide. Everything is in my name and I had the house, vehicle, etc. before we got married. Everything is being included in the Ch. 7. There are no assets because she has decimated anything that I had when we got married.
Is it possible that she could get any of my pension? Or anything for that matter? There really is nothing to divide. I am 56 and she is 42.
Thanks for any help you can give me.

 

[LdiJ]

What is the name of your state? Indiana
My wife and I were going to file for divorce pro se. Now she thinks she will hire an attorney because she wants my pension. We have been married less than 4 years and have no children. We have also filed for Chapter 7 relief and now she wants to withdraw from that. I've tried to explain to her that there are no assets to divide. Everything is in my name and I had the house, vehicle, etc. before we got married. Everything is being included in the Ch. 7. There are no assets because she has decimated anything that I had when we got married.
Is it possible that she could get any of my pension? Or anything for that matter? There really is nothing to divide. I am 56 and she is 42.
Thanks for any help you can give me.

Its possible that she could get 1/2 of the value of the assets that accrued during the marriage. In other words, 1/2 of the amount your pension increased during the last 4 years. 1/2 of the amount of equity that increased in the home in the last 4 years. However, she would also be equally responsible for 1/2 of the debt that accrued during the marriage as well.........However if the debts are in your name only that part may be difficult to enforce.

If the debts are in your name only....that would also explain why she wants to withdrawn from the bankruptcy....if they aren't, then she would be foolish to withdraw because then the creditors could and would all go after her.