Whether pensions are distributable property upon divorce under Lithuanian law? Cover Image

Whether pensions are distributable property upon divorce under Lithuanian law?
Whether pensions are distributable property upon divorce under Lithuanian law?

Author(s): Paulius Astromskis
Subject(s): Law, Constitution, Jurisprudence
Published by: Florida Coastal School of Law and Vytautas Magnus University School of Law
Keywords: pensions; distributable; property; divorce; Lithuanian; law

Summary/Abstract: Purpose of property distribution upon divorce is to apportion fairly the economic gains and losses that result from participation in marriage. However, gender role ideologies, still strong in our society, favor wives as homemakers and husbands as wealth providers. Since outside work history affects sometimes the biggest income most of elderly has – pensions, a homemaker spouse in a long–term marriage should be entitled to some part of retirement benefits that accumulated because other one had an opportunity to devote more time to labor market. Indeed, under Lithuanian law, the issue raised should be answered in affirmative with one exception – not matured public pension, which should be considered as a “factor” in property distribution or other divorce issues. Moreover, comparative analysis of practice in other jurisdictions had revealed that Lithuania should modify relative family law provisions to avoid possibility of speculative present value calculations and to simplify pension division task.

  • Issue Year: 2005
  • Issue No: 3
  • Page Range: 39-59
  • Page Count: 21
  • Language: English