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If my husband's pension has been used up in full, and he asks for it to be returned to me at the time of divorce, I will not return it to him, because it was used for family expenses during the marriage, and I am not alone in using the money, I will not pay it back anyway, and there is no legal claim that I should return the money to him. So there is no legal basis for him to demand the return of this money. Ignore him.
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The husband's pension was used in full, which was the joint property of the husband and wife, and it was legitimate for him to demand its return in the event of divorce. Rational.
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The husband's pension has been used up in full, and when the divorce is due, he asks to return there, and if he has it, he should give him a little, and if he doesn't, he can refuse it, depending on the facts.
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If the husband's elderly children are used for ordinary daily living expenses. You are under no obligation to return it to him.
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Then it depends on how the court decides, let him sue well, and see how the court will decide in the end, if you don't have money, I don't think there is anything to do.
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If your father's pension is used by you, then now it is a foreign debt for you to return, and this foreign debt needs to be borne by the husband and wife when you get married.
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How is that possible? The pension is paid on a monthly basis. It is given in a lump sum.
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The husband's pension has been used up, and he asked for it to be returned when he divorced, what does this mean? Isn't the pension slowly given to him? Did you give it to him in one go?
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Hello friend, you can figure out if you used it yourself or you used it together.
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The husband's pension has been used up in full, divorced, he asks for return, this is what you have to provide the corresponding evidence, how to spend it? Is it reasonable?
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Summary. Hello dear is happy to serve you. (1) At the time of divorce, if one of the husband and wife has retired and received pension insurance at the same time, the insurance money shall be divided as the joint property of the husband and wife.
2) At the time of divorce, if one of the spouses has not yet retired and does not meet the conditions for receiving pension insurance benefits, the insurance benefits cannot be divided. However, for the pension insurance premiums paid with the joint property of the husband and wife after marriage, one party may claim that the part of the pension account actually paid by the individual during the existence of the marital relationship shall be divided as the joint property of the husband and wife at the time of divorce.
What to do with the pension in the event of a divorce.
Hello dear is happy to serve you. (1) At the time of divorce, if one of the husband and wife has retired and received pension insurance at the same time, the insurance money shall be divided as the joint property of the husband and wife. (2) At the time of divorce, if one of the spouses has not yet retired and does not meet the conditions for receiving pension insurance benefits, the insurance benefits cannot be divided.
However, for the pension insurance premiums paid with the joint property of the husband and wife after marriage, one party may claim that the part of the pension account actually paid by the individual during the existence of the marital relationship shall be divided as the joint property of the husband and wife at the time of divorce.
I hope mine can help you.
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The method of pension payment: it can be paid by the employer, and the payment fee is shared according to the proportion of the individual and the burial unit; Individual flexibly employed persons can also apply to the social insurance agency for social insurance registration and pay the fee.
According to the interpretation of the second judicial interpretation of the Marriage Law, what can be divided as joint property is the pension insurance that has been actually obtained or should be obtained. However, it is obviously unfair to hold that this part of the pension insurance is not the joint property of the husband and wife at all, and does not belong to the attributes of the pension insurance premium. How to deal with pension insurance benefits in the event of divorce?
In practice, most adjudication organs adopt the following solutions: (1) If both parties have already started to receive pensions, the amount of pensions they receive on a monthly basis is clear, and it is highly operable at the moment of division, and can be handled according to the principle of equality, that is, the party receiving more insurance money can make up the difference to the less party on a monthly basis. (2) The two parties have only paid pension insurance premiums, and because they have not yet reached the statutory retirement age, they cannot receive pension insurance, and whether they can receive pension insurance in the future and how much pension insurance they can receive have not yet been determined.
In this case, the division cannot be treated as equal, but can only be treated as equal (3) medical insurance premiums. Separation of other social insurances such as work-related injury insurance benefits. According to Article 18 of the Marriage Law, "in any of the following circumstances, it shall be the property of one of the husband and wife, (2) medical expenses due to injury to one of the spouses, living allowance for the disabled, etc.
The base is different every year, and you can't be the base of 3000 every year. In addition, the number of years of payment is also different, some people may only pay for 15 years and then retire, but if you pay until the age of 60 before retirement, then your years are still longer, and the pension you enjoy will be relatively more.
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