Am I entitled to any of my ex-husbands retirement funds? 20 Answers as of May 06, 2011

I was married for 23 yrs., divorced for 16 yrs. Am I entitled to any of my ex-husbands retirement? He is more than likely he will get it in a lump sum.

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
If you did not get an order in the original divorce, and you have been divorce for 16 years, I think it is not likely at all. If your order indicated that the court retained jurisdiction to consider alimony or retirement support, then maybe, but I'd still say unlikely. Depending on the amount at issue, you may still want to invest a little in a review by counsel. Stay well.
Answer Applies to: Alabama
Replied: 5/6/2011
Harris Law Firm
Harris Law Firm | Jennifer C. Robins
Unless the divorce judgment dealt with the division of the retirement account, you are probably not entitled to it, especially for the income generated since your divorce.
Answer Applies to: Oregon
Replied: 5/6/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
You would have had to request the retirement during the divorce proceedings. There should be a provision concerning his retirement.
Answer Applies to: California
Replied: 5/5/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
If you were not awarded a share of the retirement 16 years ago when you were divorced, you probably have no claim to anything now. You may wish to speak to an attorney to discuss the reasons for not being awarded anything at the time of divorce so see if there might be a way to reopen the case. There probably isn't, but it could be worth exploring.
Answer Applies to: Colorado
Replied: 5/4/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
It depends on your divorce judgment. If the judgment awarded you a portion then yes, if not then no.
Answer Applies to: California
Replied: 5/4/2011
    Keri Burnstein, P.C.
    Keri Burnstein, P.C. | Keri Burnstein
    You need to have an attorney review your Judgment of Divorce. The retirement should have been addressed in the judgment. Good Luck!
    Answer Applies to: Michigan
    Replied: 5/4/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    If it was not part of your divorce decree, unfortunately not. You should have had all of that included at the time of your divorce. If you include his retirement as part of your divorce decree preparations should have been in place for you to obtain them. Refer back to your final decree.
    Answer Applies to: Illinois
    Replied: 5/4/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    There are many factors that go into your question. First, if there was an agreement that you would not get any of the retirement funds then that would be controlling. If not, if you went to court the judge should have decided that issue for you. We are Arnold & Wadsworth, Utah Divorce Lawyers. We can help you with your divorce needs. We offer free consultations. Give us a call today.
    Answer Applies to: Utah
    Replied: 5/4/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You should act fast. If he gets a lump sum of money, then you will have to chase him to get your part. Did you ask your lawyer to answer this question? If your lawyer did not answer it, fire the lawyer and get someone who knows what they are doing. If you do not have a lawyer, get one now. You need help.
    Answer Applies to: New Jersey
    Replied: 5/4/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You would have received it in your decree - you should review it for details.
    Answer Applies to: Connecticut
    Replied: 5/3/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    If you are referring to money that funds his retirement that was earned during the marriage, or retirement of which any part accrued during marriage, the answer is a resounding, "Yes". The issue of the pensions should have been litigated long ago when you were divorced, as part of either the Judgment or a Stipulated Judgment. You need to "join" the retirement plan right away. You need to file an Order to Show Cause and get into Court to obtain an order as soon as possible dividing up the pension. You will probably need the Court to order a Qualified Domestic Relations Order ('QDRO', pronounced "kwad-roe"). Who will prepare that document is another matter. Contact the pension plan themselves for a sample. You might be surprised at how much direction they will give you.
    Answer Applies to: California
    Replied: 5/3/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    You said you've been divorced for 16 years. Did your ex-husband's retirement plan exist or any benefits accrue at anytime during the marriage? If so, was it not addressed in the divorce, such as in any judgment or marital settlement agreement? If it did exist and benefits or rights accrued during marriage, and it was an omitted asset as part of the divorce, then depending on the reason why it was omitted (you didn't simply waive your rights to any such benefits), you may file a post-judgment motion asking that such asset be properly divided now. Start by reviewing the divorce judgment terms (including any Marital Settlement Agreement terms) relating to the retirement (again, assuming it existed during marriage) to determine what, if any rights, you have to your ex's retirement.

    If no retirement benefit or rights to benefits accrued between the date of marriage and date of separation (i.e., the retirement benefits began to accrue after the date of separation), then it would not be community property subject to division.
    Answer Applies to: California
    Replied: 5/3/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Assuming that the divorce has not gone by way of default against you, you should file a timely Response to the Petition and seek, among other things,your community property rights, including a QDRO to protect and obtain your community share of your husband's retirement plan. You would best be represented by an experienced Family Law Attorney in your divorce.
    Answer Applies to: California
    Replied: 5/3/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If you have been divorced for 16 years, you get what is in your Judgment. The matter is resolved, so you aren't entitled to anything that isn't in the Judgment.
    Answer Applies to: California
    Replied: 5/3/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    If you have been divorced for 16 years, then you need to look at your divorce documents to see what you are to get. Usually for retirement plans, a QDRO is done, which divides the plan so that each party has their own.
    Answer Applies to: California
    Replied: 5/3/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    Depends on the terms and conditions of your divorce agreement and judgment. If you have questions, call me for a free consultation, 24/7.
    Answer Applies to: Massachusetts
    Replied: 5/3/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Look at your divorce decree.The court has to divide all your assets and debts. If this was missed, you should go back to court and get it divided.
    Answer Applies to: Washington
    Replied: 5/3/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If you are divorced, the answer lies in your divorce decree. The asset should have been divided as part of the property settlement when the divorce decree was entered.
    Answer Applies to: Minnesota
    Replied: 5/3/2011
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