Question: I have a problem. My husband works for a city government and, instead of Social Security, he gets a pension at retirement. I have never worked outside the home and have raised our two children, so I have built up no Social Security and have no pension. I never thought about this until now, at 54, he left me. His lawyer is saying that because his pension is a replacement for Social Security, it is not marital property and can’t be divided when we divorce. We have a house and little else. I am very nervous. How can I be expected to support myself under these conditions at my age?

Answer: While it is correct that Social Security can not be divided as a property interest at divorce, most private pensions are contractual agreements between the employer and employee. So long as the contributions to your husband’s pension plan were made while you were married, the majority of states have found these plans to be marital property interests that are divisible at divorce. However, if you live in Ohio or Pennsylvania, you may find contrary rulings.

For these and other reasons, it is a good idea for all married people to learn about their spouses’ pension plans and to participate in the financial planning and retirement processes.

Question: After we divorced, our 16 year-old daughter moved out of my wife’s home and began living with her 21 year-old boyfriend and his roommate, and then with his mother and father. She stopped going to school for nearly three months and finally went back to my wife after she became pregnant. Meanwhile, I have been under a court order to support her, which I don’t feel I should be required to continue do under the circumstances. My ex-wife and her husband have been providing for her financially. My lawyer tells me that he thinks I should be able to cut off her support if we go back to court. Do you think this is a good idea?

Answer: Aside from the legal ramifications of your situation, there are moral considerations. While we will not address the moral issue of trying to cut off the support of a 16 year-old child in need, depending on where you live, you might not have an easy time legally.

It does not appear to us that your daughter could be found to be “emancipated” – or self-sufficient – by a court based on the facts as you describe them. She ran away from home and lived like a vagabond for several months, but she is not able to support herself and, now, more than ever, needs financial and spiritual assistance from her parents.

SoloFact: At divorce, all or a portion of the IRA of one spouse can be transferred to the other spouse’s IRA if required by court order or agreement. If accomplished properly, the transfer is not treated as a taxable distribution to either the original IRA owner or the spouse to whom the transfer is made. These arrangements should be made in advance with the financial institution which holds the IRA’s to avoid the possibility of misunderstandings.