Can you get part of a state pension divorce in 1983 if not in divorce decree? 10 Answers as of February 08, 2013

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S. Joseph Schramm | Joseph Schramm
Generally speaking, if you did not make a claim for equitable distribution as part of the divorce action in 1983, you would have waived the right to make a claim now. If you did raise a claim for equitable distribution then your claim should have included a right to part of the pension that would have been measured from the time you were married until the date of your separation, plus any appreciation on that portion.
Answer Applies to: Pennsylvania
Replied: 2/8/2013
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
If I understand the question: you divorced in 1983 the decree does not award you any of your former spouse's pension and now you want some of that money - I presume because he she has now retired Is that correct? If so the answer is a resounding absolutely not! If I missed the facts, then you need to repost your question with the correct facts attached.
Answer Applies to: Texas
Replied: 2/8/2013
LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
If it wasn't mentioned in the divorce it may be a missed asset Depends in how marital settlement agreement was written. Have an attorney check the document.
Answer Applies to: California
Replied: 2/8/2013
Kalil & Eisenhut, LLC | Michael N. Kalil
Not likely. As part of equitable distribution, everyone gets one bite of the apple. If you don't take care of everything at the time of the divorce, you don't get to go back later on saying "we forgot". Unless there was some fraud or duress, your likely going nowhere.
Answer Applies to: New York
Replied: 2/8/2013
John Russo | John Russo
If you are asking if you would be allowed to receive part of your former spouses pension from a divorce that was put through in 1983, if the Final Judgement was silent as to same, the answer is NO! Matter of fact you could not get part of the pension if the Final Judgement was in 2013, and was silent as to the pension issue.
Answer Applies to: Rhode Island
Replied: 2/7/2013
    Tebano & Associates, PLLC
    Tebano & Associates, PLLC | Maria C. Tebano
    You are entitled to receive those assets that you and your spouse agreed to distribute in the context of the matrimonial matter or what was awarded by a judge. If no agreement was made regarding you receiving a share of the pension, then you will not be entitled to a portion of the state pension.
    Answer Applies to: New York
    Replied: 2/7/2013
    Law Offices of Frances Headley | Frances Headley
    If the asset was overlooked or omitted from the Judgment then you can bring a post judgment motion to divide the asset. You should consult a family law attorney to review the documents and advise you.
    Answer Applies to: California
    Replied: 2/7/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If you are entitled to a pension but it was not in the divorce decree, you can ask the court now to divide it. If it has been too long, you might have a hard time actually getting the asset if it has been dissipated. But the law will allow you to address omitted assets.
    Answer Applies to: California
    Replied: 2/7/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    It must be in property division.
    Answer Applies to: Delaware
    Replied: 2/7/2013
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    If the divorce decree did not provide you with any rights to the pension of your ex-spouse, and you were aware of this pension at the time of the divorce, then you will mostly be prohibited from having a claim to the pension at this point.
    Answer Applies to: New York
    Replied: 2/7/2013
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