I believe I am entitled to 1/2 as well. He doesn't want me to take any portion of the pension which is why he's trying to offer the $70k he feels is fair.
This is the complicated, nasty side of D, splitting up the assets. Typically both parties want to leave the M financially "whole" but neither do. My W and I both had 401K investments and they were roughly the same, so when we split we agreed to each keep our own and keep that out of the D settlement.
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Again, he's pulling these numbers out of the air. He has no clue what our house is now worth after renovations.
Determining the house value is actually the easiest part of D. All you need to do (and this is required by most states) is hire an independent 3rd party to assess the value of the home. They will go through the house outside and in and will also review recent area sales and provide a detailed assessment of the value. Once that value is set, it becomes part of the D decree.
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I see him thinking I am making this ugly because I'm trying to get what the law allows.
No one comes out of a D happy. You've got to try and be clinical about this, he's going to get mad but that's tough sh**. Set aside your DB'ing for now, this is all about protecting yourself.
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After I pay back my 401k loan which we used for the renovations, that $70k will be cut down severely and this is all he thinks I should get.
Don't pay anything back until you talk to your L. If you pay it back you may not be able to get your H to pay half that debt.
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I've been with him for more than half of his time at his current employer. Why shouldn't I be entitled to his pension?
Because he doesn't want to give it to you. Period. That's the only reason. What he wants and what the law allows are two completely different matters though!
