Am I entitled to part of my ex husband's retirement annuity after we have divorced? 25 Answers as of July 04, 2013

I was divorced in 1972 and want to know if I am entitled to part of my ex-husbands retirement annuity. He remarried once and divorced. I never remarried. Thank you.

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Osterman Law LLC
Osterman Law LLC | Mark D. Osterman
Your divorce has been over for more than a year. The only way to change your Divorce Judgment is to claim surprise, neglect or faud in 1972. But the Court (See Civil Rule 60) says that you can get relief if it happened less than a year ago. I do not think that 40 years will give the court discretion to let you zap your ex's pension now.
Answer Applies to: Indiana
Replied: 7/12/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
The answer to your quesiton will depend on what it says in your divorce paperwork. If in the divorce you were awarded part of it, you would be entitled to it. If you were not awarded any, you wouldn't be able to get it now.
Answer Applies to: Connecticut
Replied: 7/11/2011
Neville J. Bedford Attorney at Law
Neville J. Bedford Attorney at Law | Neville J. Bedford
Your divorce decree likely enumerates all of the rights you were granted in 1973. Review that document with a family practitioner if you are unclear as to what those rights are.
Answer Applies to: Rhode Island
Replied: 7/4/2013
Willick Law Group
Willick Law Group | Marshal S. Willick
The questions are whether, and how much, of your ex's work was during marriage, and what, exactly, your divorce decree provided.
Answer Applies to: Nevada
Replied: 7/4/2013
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
You have to look in your divorce decree. If you were awarded some portion of his retirement, then yes. If you were not awarded a portion of his retirement, then No.
Answer Applies to: Texas
Replied: 7/11/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    Retirement accounts created or added to during the marriage are presumed to be community property, giving the spouse a share of that annuity when the community is terminated by divorce. If you did not include the retirement annuity in any agreement splitting the community property or otherwise waive your rights to the annuity, you are still a co-owner. You should take action soon; if your husband were to pass away prior to any division through a qualified domestic relations order, you can lose your rights.
    Answer Applies to: Louisiana
    Replied: 7/11/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If your ex-husband's retirement annuity was paid for at least in part during your marriage to him, and if your divorce Judgment grants you an interest in that retirement annuity, you should be entitled to your community share of that retirement annuity. You should consult with an experienced Family Law Attorney regarding the specifics of your situation, to evaluate whether or not you are entitled to a community share of the retirement annuity.
    Answer Applies to: California
    Replied: 7/11/2011
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    Anything he has earned after the divorce is final remains his. You would not be entitled to any of it, as a general rule.
    Answer Applies to: Oregon
    Replied: 7/11/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Look at your divorce decree to determine if you are entitled toany of the annuity.
    Answer Applies to: Washington
    Replied: 7/4/2013
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Whether you get any portions of your ex-husband's retirement is going to depend on what the 1972 divorce decree says. Normally, a divorce decree should list all of the property in existence at the time of the divorce, classify it, and divide it between the two of you. Therefore, that documents is going to rule whether you have any claim to any of the retirement. You will need, therefore, get a copy of that document to find out.
    Answer Applies to: Washington
    Replied: 7/11/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    What does your Judgment of Divorce provide?
    Answer Applies to: Michigan
    Replied: 7/4/2013
    Pontrello Law
    Pontrello Law | William Pontrello
    It would need to be in 1972 divorce papers as alimony continuing on into retirement.
    Answer Applies to: Florida
    Replied: 7/4/2013
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Only if it was ordered in your divorce however if you were married to him for 10 years or more you are entitled to Social Security on his record.
    Answer Applies to: Connecticut
    Replied: 7/4/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Under Georgia law property division is final and not modifiable therefore you cannot first raise the issue of military retirement after the divorce.
    Answer Applies to: Georgia
    Replied: 7/4/2013
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law that would depend on who was awarded the retirement annuity in the divorce. Look back at your divorce papers to see what they say about it. If it is something he acquired after the divorce, then it is not subject to being divided in your divorce and is his.
    Answer Applies to: Washington
    Replied: 7/8/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Your divorce decree in 1972 would determine what, if any part of the retirment you were awarded. If none was awarded in the decree, you have no present interest.
    Answer Applies to: Minnesota
    Replied: 7/8/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    If your 1972 divorce decree was totally silent about the then future retirement annuity it is quite likely far too late to do anything that will result in you receiving a share. However, potentially there could be some circumstances in which it might be possible to reopen the case, but only an experienced attorney with the opportunity to review all the facts relevant to the 1972 case can help you decide whether there are any viable options. That attorney will need to know all of the financial information about the circumstances at the time of the decree, what the nature and status of the retirement plan was at that time, and how the terms of the final divorce decree were determined (i.e. by mutual agreement or by judicial rulings to resolve dispute issues). If the then future retirement was identified & discussed in the 1972 decree, you are likely bound by whatever the decree and final orders say.
    Answer Applies to: Colorado
    Replied: 7/8/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If all or a part of the retirement was earned during the marriage, that part would be community property. If the retirement was divided in your divorce judgment you have a right to your share. A qualified domestic relations order should have been filed and served on the retirement plan provider as well. If this asset was not mentioned in the divorce then you must go back in to court to divide this omitted asset.
    Answer Applies to: California
    Replied: 7/8/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You would need to look at your divorce paperwork. If you weren't awarded any portion of it in 1972, then you are likely not entitled to any of it now.
    Answer Applies to: California
    Replied: 7/7/2011
    The Reed Law Firm, P.L.L.C.
    The Reed Law Firm, P.L.L.C. | Vanessa Reed
    Yes, in Virginia, you are entitled to one-half of the marital share of the retirement annuity. The marital share is that portion of the retirement annuity that was accrued from the date of marriage, to the date of separation.
    Answer Applies to: Virginia
    Replied: 7/7/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    What you are entitled to would be addressed in your final judgment of dissolution. If the annuity was not mentioned, then you most likely have no entitlement to it.
    Answer Applies to: Florida
    Replied: 7/7/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    If your divorce decree says yes, you are. If your divorce decree didn't award it to you, no. Assuming you had a lawyer then your lawyer discussed that with you. If you did your case without a lawyer you just found out why that was a huge mistake.
    Answer Applies to: Georgia
    Replied: 7/7/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    A better question would be: why wasn't this issue decided during your divorce? Retirement benefits are treated as assets of the estate. They are included in the property settlement, and division of the property occurs through documents called Qualified Domestic Relations Orders. Call your divorce lawyer and see if this was included in your divorce settlement.
    Answer Applies to: Ohio
    Replied: 7/7/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    This depends on whether you were awarded any of the retirement benefits in your 1972 divorce. If so, you should receive a portion of the retirement. You will need to review your divorce judgment to determine whether you are eligible to receive some of the retirement benefits.
    Answer Applies to: Oregon
    Replied: 7/7/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    You may be entitled to a percentage of the retirement if it was not listed in the final divorce decree.
    Answer Applies to: Washington
    Replied: 7/4/2013
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