Tampa, Florida

Dividing Pensions in Divorce

Dividing Pensions in a Divorce

Do You Know How This Process Works?

Florida treats pensions just like any other property, which means that they will be divided under equitable distribution laws during the divorce process. However, this process can take a considerable amount of effort and calculation in order to divide the pension equally between both spouses, especially when compared to dividing a set amount of money like what may sit in your bank account. Factors like the potential future value and each spouse’s pre-marital contributions to the pension can play a major role in determining who ends up with what, and an experienced family law attorney can help you prepare for any complication that may come up.

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Divorce can be an incredibly stressful time for anyone, and our Tampa family law attorneys at Givens Givens Sparks are ready to help you prepare for and successfully navigate this process. With more than 135 years of collective experience, you can rest assured that your case is in good hands when you choose our firm. Whether you are just starting to plan for your divorce or if you’re already deep into the process, contact us today to discuss your case with an experienced divorce attorney.

How Are Pensions Divided?

Even though the benefits and / or funds provided by your pension won’t be available to you until you’re retired, courts can still divide them while they’re still growing. No matter how amicable your relationship is with your soon to be ex-spouse, an attorney can help make sure that your pension is fairly divided and that the division won’t have any negative consequences for its future payout. In addition, you may be able to keep a larger percentage, and possibly the entire pension, depending on your situation. Some common situations that can affect how your pension may be divided include:

  • Pre-Marital Contributions: The court will likely award you a greater percentage of your pension if you contributed to or worked for it before your marriage began. Depending on how much you contributed, you may end up with the entire plan.
  • Federal Plans: Your plan may not be eligible to be included in the property division portion of your divorce process if it was provided by the federal government.

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Hire An Experienced Lawyer Today

You may begin to feel overwhelmed by the amount of work that goes into filing for divorce and the emotional stress the process can have on you and your family – that’s where we come in. At Givens Givens Sparks, our Tampa family law lawyers have helped thousands of families and individuals secure the beneficial outcome they need to move on to the next phase of their lives. Call us today at (813) 518-7941 to discuss your situation with a member of our firm, or fill out our online form to request a case evaluation today.

Case Results

  • Family Law Case - Child Custody

    Givens Givens Sparks trial attorney, Kelly Candela, successfully litigated a family law case in which a child was nearly removed from her mother’s custody and given to the child’s alleged father, although the father had not yet established paternity. Candela filed a written response on behalf of her client (the mother) alleging fraud by the father and had the pick-up order set aside before custody was transferred to the father. The practical result was to allow the mother and child stay in their home state (not Florida) pending the resolution of the case. The Court agreed and granted Candela’s client custody.

  • Family Law Case - Child Custody

    Givens Givens Sparks trial attorney, Kelly Candela, successfully litigated a family law case in which her client filed a Petition to Establish Paternity, and the mother was served. After being served, the mother fled the state with the child. Candela filed an Emergency Motion for the immediate return of the child, and at that hearing, which was granted on an emergency basis, the mother was forced to turn the child over to the father, giving the father sole custody of the child pending the ultimate resolution of the case.

  • Family Law Case - Relocation

    Givens Givens Sparks trial attorney, Kelly Candela, successfully litigated a family law case in which her client (the father) accused his child’s mother of relocating the child out of state without the consent of the child’s father. Candela was able to obtain a court order to return the child to the state of Florida and to remain in her client’s care while establishing permanent custody and timesharing plans. After Candela’s successful litigation of the case, the Court ruled that the mother’s Petition for Relocation was denied, and that the child shall live primarily with Candela’s client in Florida, with summer and school break schedules allotted to the mother.

  • Family Law Case - Timesharing Violation

    Givens Givens Sparks trial attorney, Kelly Candela, successfully litigated a family law case in which her client was accused of violating a timesharing schedule agreed upon by both parental parties at the time the couple was divorced. The client’s child’s mother claimed that Candela’s client did not return the child for holiday timesharing at both Christmas and Easter. Candela had sent formal correspondence to the child’s mother regarding the dispute over the interpretation of the timesharing schedule, and when she did not agree, the father kept the child. The Court agreed with Candela’s interpretation of the timesharing schedule and found that her client was not in contempt for either holiday.

  • Family Law Case - Unilateral Medical-Related Decisions

    Givens Givens Sparks trial attorney, Kelly Candela, successfully litigated a family law case in which she filed a Motion for Contempt on behalf of her client against the mother of his child for making unilateral medical-related decisions for the minor child without his knowledge. The Court agreed that the mother was in violation of the final judgment of their dissolution of marriage and held her in indirect civil contempt. The Court also ordered that the treatment in question cease immediately and that the mother be solely responsible for any and all costs related to that treatment. Furthermore, the Court ordered that the mother was not to make any unilateral decisions in the future and was to notify the father of any future appointments so that he could be present either over the phone or in person.

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  • "I appreciate you both always taking the time to answer all of my questions"

  • "Your guidance and wisdom has truly guided me through this difficult process that I can now put behind me. "

  • "His research, preparation and professionalism is noteworthy in every aspect. You have a brilliant attorney on your team."

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  • Mr. Givens performed 1000 percent beyond expectation, and I received excellent results. Stann is a true Rain Maker.

  • Chris Givens provided excellent advice and went to great effort to meet my unique scheduling needs.

  • I have endured a very complex and exhausting legal experience. If not for the help of the Givens Law Group family I do not know that I would have been able to overcome such a nightmare.

  • The entire firm extended a personal interest in my case from the beginning to the end.

  • I have worked with attorneys my entire professional career. My experience with the Givens Law Group was the best, by far.

  • Although I have been very active with the legal community over my career, I have never been through anything like a divorce.

  • Givens Law Group will be my first thought if anyone ever asks about a referral to an attorney.

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  • Stann, thank you doesn’t seem like enough. You are truly a master negotiator.

Get In Touch

At Givens Givens Sparks, your family is our family. As such, we promise to fight for each client and voraciously protect their best interests. Facing a family law issue? Get in touch with us to learn how we can help!

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