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
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.
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.