Yonkers, NY asked in Divorce for Puerto Rico

Q: If I been marry with my wife for 20 years and she abandoned me for over 17 years . Would she be entitled to my pension.

Or alimony. How does it work

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1 Lawyer Answer
Nelson Jose Francisco Alvarez-Aponte
  • Carolina, PR
  • Licensed in Puerto Rico

A: Hello and thank you for using JUSTIA and for the telephone call. As explained be phone, if you have made deposits or payments to your pensión plan during the three years that you lived with your wife then she will have a crédit of fifty percent of what you paíd into the plan. Since you seperated 17 years ago, she would not participate after the seperation. The fact that you are not receiving the pensión as of yet is a very important factor. You must get divorced before your retirement.

As for alimony, this doesnot existe under Puerto Rico law as such and due to your seperation of 17 years she has no right to receive any financial support from you except child support for any children under the age of 21.

As for marital property, you are entitled to 50% of all marital property. She may have a crédit against said marital property if she paíd the mortgage without your help. However if you have been paying child support for the past 17 years that would be also paying part of said mortgage thus you would be paying into the mortgage and thus her crédit against the marital property would be minimal if at all. If you need any additional assistance please call again.

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