A spouse’s pension is treated the same as any other asset that a spouse accumulated during the marriage. That means the spouse with the pension gets credit for the value of the pension on the date of marriage, but will share with the other spouse the rise in the value of the pension during the marriage. The pension will need to be valuated by a professional to determine its value on the date of separation.
What is the cost of mediation?
Family mediators operate as private businesses and are not regulated, therefore, their fees can vary. Some courts and community agencies offer mediation services for fees that are charged according to the spouses’ incomes. A family lawyer will be able to provide recommended names of family mediators and the availability of mediation services through the courts and community agencies.
How long will on-site mediation take?
Your intake meeting will last about one hour. The mediation will last between 1-3 hours depending on the circumstances.
How do I know if mediation is right for me?
Mediation is an opportunity to try to settle your case. In most cases, we are able to help parties have productive conversations with the mediator. But it is not right for everyone. If you and the other party are both willing to try to reach an agreement rather than have the court decide for you, we suggest you submit your intake forms and schedule separate intake meetings. This will help you and us decide if mediation is suitable in your case. Even if you do not proceed with mediation, you will both receive good information and supportive referrals.
When can I ask for a divorce?
As soon as one of the following three circumstances has occurred: the other spouse has committed adultery, the other spouse has committed cruelty, or the spouses have separated. As soon as one of these circumstances has occurred, a spouse can commence an application for divorce. If separation is used as the ground to obtain a divorce, the spouses need to have been separated for at least one year before a judge will grant a divorce order.