In this article, you will discover:
The most common divorce challenge for first responders, like most clients, is what happens to their house. Most clients have a home, and their main concerns are who will live there and what they should do about mortgage payments.
We offer a monthly workshop for individuals considering divorce, where they meet with a realtor, a mortgage broker and a divorce coach. We call it “Untying the Knot.” Attendees always want to know specifically about what will happen with their real estate.
With first responders, there’s also stress about what happens to their pension. The Public Employees Retirement Association (PERA) and the Minnesota State Retirement System (MSRS) are two of the state’s pension systems that cover first responders. Dividing up those pensions is a significant source of stress for clients.
The last challenge is parenting time. Because first responders work 24 hours a day, seven days a week, 365 days a year, we must be creative with the parenting time schedules we create for our clients.
Whether we receive the information at the start of the process or later, we want to know:
Not having the information from the start will limit the conversation about what the future might hold. On the other hand, even though that information is helpful, it’s not so crucial that you should delay filing for divorce.
A pension differs from spousal support in that spousal support typically has time limits. The PERA pension is a lifetime benefit for the first responder. Accordingly, because the pension is divided in the divorce, it’s also a lifetime benefit for the spouse.
Because there are also survivor benefits, depending on who survives, there are considerations beyond simply dividing the pension in half. The pension is divided based only on contributions made by the first responder during the marriage.
Suppose the parties were married for 10 years, but the first responder worked and paid into the pension for 20 years. Their spouse will only be entitled to half of what was paid for during the 10-year marriage, depending on whether other assets offset the pension.
A first responder’s work schedule is only an issue in terms of logistics. Because they work “24/7/365,” you must craft a parenting schedule that theoretically works for all parties. A week-on-week-off parenting schedule, for example, might not work with a first responder’s on-call work schedule. First responders and their spouses must be more creative when crafting a parenting schedule, and a family law attorney can help you find workable solutions.
It’s helpful to get that conversation started as soon as you feel like you’re heading toward a divorce. Speaking with an attorney will help you understand the divorce process and what life will be like after the divorce is finalized.
Some clients delay starting the divorce process following their first meeting with an attorney. Sometimes, it just takes longer for the heart to understand what the brain knows is inevitable.
Before contacting us, be aware that we’re advocates. I’ve always been an advocate. I’ve stood up to bullies on the playground, and I’ve also served as a police officer for more than 20 years.
As attorneys, our obligation is to you. We don’t judge or look down on our clients. You should also understand that the attorney-client privilege is so strong that we can’t and won’t say anything to anyone about your struggles or what you’re going through.
For those reasons, be honest with us. If you tell us you’re struggling, we can help structure your future in a way that works for you. We want to help, but if you don’t trust us and can’t be honest with us, we’re limited in what we can do for you.
You should also know that this is just the end of a chapter. Your life will continue, and good things will come your way.
For more information on divorce for first responders in Minnesota, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (763) 270-1571 today.
Attorney Kathleen Gomez is a skilled lawyer based in Otsego, MN, who has helped countless clients just like you navigate the intricacies of family law. With years of experience as a police officer and a family law attorney, she is prepared to assist you in navigating the specific divorce challenges faced by first responders, protecting your rights.
Still have questions? Ready to get started? Contact Gomez Law PLLC today to schedule an initial consultation.
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