Claims retirement benefits in divorce proceedings

There is no lein as such on retirement benefits, but you have no escape route also, if court orders exhorbitant alimony then you can fight on basis of merits of case.  But payment is pucca, that you willl have to do until she remarries.  

Idea.

Why not search boy for marrying off wife?  Once she remarries, no more paying alllimunni.

Or best is go for one time settlement.  Pay wife one time huge alimony and get rid of paying her alimony each month till you die?

Originally posted by : Helping Hand !
	There is no lein as such on retirement benefits, but you have no escape route also, if court orders exhorbitant alimony then you can fight on basis of merits of case.  But payment is pucca, that you willl have to do until she remarries.   Idea. Why not search boy for marrying off wife?  Once she remarries, no more paying alllimunni. Or best is go for one time settlement.  Pay wife one time huge alimony and get rid of paying her alimony each month till you die?

Sticking to waht I expressed, I agree to these views which are not contradictary of mine.

 

Your retirement benefits cannot be claimed by anyone else but that certainly does not at all mean that you do not have to pay maintenance and alimony (if otherwise due)

I FEEL TRUMP ON YOUR PRESUMPTION S AND PROBABILITY... IT'S A CASE OF DIVORCE... HONOURABLE COURT'S MAY RECOGNISE YOUR INCOME AND IF ON DIVORCE YOU HAVE TO ANSWER ONLY WHEN YOU FAIL TO COMPLY PROPER PAYMENT TO HER AND NOT OTHERWISE..IN A RECENT CASE, DELHI'S DIVORCED​ CASE.. EXWIFE FILED TO MORE MONEY THROUGH MAINTENANCE,SAY, TO ENHANCE FROM 5TOTHAT OF25 THOUSAND OR SO.. COURT ORDERS PRONOUNCED DENOUNCING HER , SHE IS EDUCATED AND AGAIN WANT MONEY FROM EX-HUSBAND... DISMISSED

 thanks everyone for the suggestions/inputs

I am clear that alimony/maintenance has to be paid under any circumstance.

My question was more related to whether any claims can be done on my retirement benefits in addition to alimony which have been more or less answered by all you august (sic) gentlemen.

Mr sudhir pcda has not entered the picture yet since retirement is in the planning stage based on inputs such as yours.

Another question....Can the respondent apply for a stay on the payment of retirement benefits?

If not, another thought process is that siphon off the lumpsum retirement money to a relative/friend as soon as its paid out and tell the court i have gifted it or donated it, even while the case is subjudice.

@helping hand...sir...aur kisi garib nawaaz ki zindagi kyun kharaab karni remarriage karwa kar

aur aaj ke din mein aisa bawla milna bhi thoda namumkin hai...rofl

 

If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if:

• Your marriage lasted 10 years or longer;

• Your ex-spouse is unmarried;

• Your ex-spouse is age 62 or older;

• The benefit that your ex-spouse is entitled to receive based on their own work is less than the benefit they would receive based on your work; and

• You are entitled to Social Security retirement or disability benefits.

"pcda has not entered the picture yet since retirement is in the planning stage based on inputs such as yours"

the on which action/proposal you want stay.  How can you file case without cause of action.

"Another question....Can the respondent apply for a stay on the payment of retirement benefits?"

"If not, another thought process is that siphon off the lumpsum retirement money to a relative/friend as soon as its paid out and tell the court i have gifted it or donated it, even while the case is subjudice."

 

what excatly you want to know?

you are not understanding :-

 

1. It is your liability to pay.  it doe snot exntiguish by hiding the money.  Judges are literate enough.  They deal daily with persons like you.
2. Once you hand over money to friend or relative it is gone.  The person thereafter is boundto be your worst enemy and ne3ver on earth expect any refund from him.

Originally posted by : Rama chary Rachakonda
	If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if: Your marriage lasted 10 years or longer; Your ex-spouse is unmarried; Your ex-spouse is age 62 or older; The benefit that your ex-spouse is entitled to receive based on their own work is less than the benefit they would receive based on your work; and You are entitled to Social Security retirement or disability benefits.

I will be enlightened and greatfeful if any provision of CCS(Pension) Rules could be quoted in support of this.