I represent the ex-wife. The 1992 PSA states "The husband shall pay to the wife 50% of his pension at the time of the husband's retirement." It doesn't reference a coverture fraction or reflect any start or end dates to that effect. The husband began receiving his pension in 2002 and didn't tell my client, who only now found out (there was dv so she had no contact with him and only now one of her children told her about the retirement). Is she entitled to 50% of the total pension from date of marriage until 2002? Or only the coverture fraction? Interest since 2002?
------------------------------
Brian L. Hoffman
99 Highway 35
Keyport, NJ 07735
732-264-1956
[email protected]------------------------------