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How can divorce mediation help with pension discussions?

| Jan 10, 2020 | Divorce Mediation |

Divorces in the past used to only be able to be resolved by couples duking it out in front of a judge in a Florida courtroom. Many spouses who disagree with one another now pursue mediation instead of litigation though. If you and your ex have pensions that you don’t feel comfortable parting with, then you may want to have a mediator step in to help you reach an agreement with your spouse about what should happen to them.

One of the great benefits of pursuing mediation is that you and your ex can decide to split up your assets (including pensions) however you want to. Your Florida mediator isn’t there to act as a judge and to render decisions for you. They instead serve as a referee. Their explicit goal is to help you and your ex figure out what it’s going to take to reach an agreement.

If you and your ex both have pensions, then your mediator may aid you two in reaching a compromise about any other assets that you’re having difficulty agreeing to split up. If one of you has a pension and the other does not, then the mediator may see if you as the nonpension holding spouse are willing to accept other equally valuable assets instead of a right to the retirement plan. If you’re not willing to do this, then the mediator may ask if you’d be willing to take a lump sum payment over regularly withdrawals across years.

The great thing about mediation is that there are often no court rules or laws restricting how divorcing spouses decide to split up or keep their shared assets like pensions. Couples have a chance to make choices that they feel are going to be the most appropriate for them.

There are many pros and cons to dividing up a pension and accepting any regular withdrawals from them. Many of the downsides have to do with increased taxation of the recipient. An attorney can help you understand the legal implications of selecting to receive certain assets in Florida over others when you and your ex split up.

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