Reply to What is Just Compensation for a "Life Lost"?

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[quote=Anonymous]I find these scenarios of high earning families amusing, and completely irrelevant to the OP's situation.  She is a middle class woman married to a middle class man - perhaps slightly upper middle class.  There is not a lot of money to fight about and the differential between her earnings and her her husband's is not that big - 2:3 from what she has written.  By the Fairfax County formula, that will not net her much of anything in the way of spousal support.

As to retirement accounts, if the husband has a defined pension benefit that is not subject to 50/50, but only to a percentage of the pension as it would have paid out at the time of separation.  So, using the the Federal formula, if the DH gets a monthly pension of $3,000 based on his current "high-three," she will be entitled to a percentage of that pension based on the length of the marriage and the time DH was earning that pension in Federal service DURING the marriage.  She will not be entitled to a pension that is higher due to DH's higher earnings later in his career post-divorce.  She would, however, be entitled to a 50/50 split of any IRAs, 402(k)s, etc. provided that they were assets accrued during the marriage.  Money saved before the date of the marriage and post separation does not count.

Also, I think there is something in Federal law that says if the former spouse remarries before the age of 55, she loses any entitlement she would have otherwise had to a former spouse annuity.[/quote]

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