Grants Pass, OR asked in Divorce and Family Law for Oregon

Q: He has agreed to split pension 50/50 & told me an amount and it seems low. He has 18yrs teaching. Can I find out balance

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1 Lawyer Answer
M. Nicole Clooten
M. Nicole Clooten
  • Pendleton, OR
  • Licensed in Oregon

A: What you will need to do is ask for the latest statement through the discovery process. He is supposed to provide you with that within thirty days of service of the petition for dissolution. Also, if it is a PERS Tier 1 or Tier 2 account, the face amount is usually much lower that the actuarial value of the account. If he refuses to provide the statement, you can file a motion to compel production of the document with the court. Although, if it is a PERS account, and he is offering equal portions rather than a specific amount, the forms will divide whatever the account is currently worth. I would recommend speaking to an attorney about your matter, as retirement accounts are often complicated, and once divided, it is difficult to change the judgment.

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