Augusta, GA asked in Divorce for Georgia

Q: My wife committed adultery numerous times. She wants 1/2 of my SS and pensions. I say no. Who will win?

Related Topics:
1 Lawyer Answer
Beverly L. Cohen
Beverly L. Cohen
  • Roswell, GA
  • Licensed in Georgia

A: Your wife will win on the SS issue because her right to receive half of your SS is not an issue in a divorce. Her right to half of your SS depends on her meeting the eligibility requirements under SS. The benefits to which you are entitled will not be reduced by the amount she receives.

With regard to your pensions, a judge can divide pensions between the parties. If the two of you cannot agree on how your pensions should be divided, a judge will have to make that decision for you. That also means that a judge could decide to give her all, none, or just a portion of your pensions.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.