Reasons for Possession and use: Retirement Money

Be sure to identify the paragraph you are referring to.

For example:

• Paragraph 21 says Petitioner is to receive one-half of Respondent's GTR Pension. However, Respondent earned the entirety of his GTR Pension prior to the parties' marriage. Respondent's GTR Pension is not marital property and should not be divided by the court.

Whenever possible, use a real name instead of the word "Petitioner" or the word "Respondent."

For example:

• Paragraph 21 says Jane Doe is to receive one-half of John Doe's GTR Pension. However, John Doe earned the entirety of his GTR Pension prior to the parties' marriage. John Doe's GTR Pension is not marital property and should not be divided by the court.

You will need to explain to the court why the possession and use of this retirement money the way you have indicated is fair and equitable.

For example:

• Paragraph 21 says Jane Doe is to receive one-half of John Doe's GTR Pension. However, Jane Doe has a 401K of equal value. Jane Doe should be awarded her 401K and John Doe should be awarded his GTR Pension.
• Paragraph 21 says Jane Doe is to receive one-half of John Doe's GTR Pension. However, John Doe earned the entirety of his GTR Pension prior to the parties' marriage. John Doe's GTR Pension is not marital property and should not be divided by the court.
• Paragraph 21 says Jane Doe is to receive one-half of John Doe's 401K. However, Jane Doe is employed and John Doe is not. John Doe is disabled, is not likely to be employed again, and needs this retirement money for immediate living expenses.