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5. The Use of Offsetting Assets

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Many attorneys choose to use other nonpension-related assets when dividing the pension benefits of the husband. For example, if your husband’s pension is valued at $120,000 at the time of divorce and you have equity in your home of approximately $120,000, perhaps the attorneys will work out a scenario in which you will get to keep the house and your ex-husband will keep his pension free and clear. However, because the value of the pension is quite often the largest marital asset, there may be no other offsetting assets to consider. In this case, your attorney must provide you with your own slice of your ex-husband’s pension benefits. This is done through a QDRO (as explained further in Chapter 2).

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