Q: In an Agreed Divorce with irreconcilable differences, do I have to include pensions I am not eligible to receive yet?
For example, I am 58 years old and I am not eligible to receive my Navy reserve retirement until after I turn 60. Will this prevent me from filing an Agreed Divorce and will I have to disclose this on my financial statement to the court?
A: I do not know of anything to prevent you from filing for divorce. However, your retirement is an asset just as a 401K. I suggest you retain a local experienced family law attorney. You do not want to fall afoul of the court regarding failure to fully inform the court of your assets as this may subject you to contempt and possible award of your retirement in full to your ex. Protect yourself and get an attorney.
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