Divorced for over 30 years from California

My divorce agreement does not state that my ex-wife receives any part of my pension. I’m ready to retire and the pension plan group is requiring her to be notified that I will collect a pension. Is she entitled to part of my pension during the marriage even though the divorce agreement does not indicate that she gets any?

Asked on April 2, 2017 under Family Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

So more information is needed here in order to guide you in your question.  My primary concern here is that your ex-wife WAS entitled to a marital share of your pension when you divorced (for that portion that was considered marital back then) and that is was not addressed at the time in any way.  Specifically waiving it in the agreement is what I mean or offsetting it against another marital asset.  Seems to me that the pension plan group is covering themselves because the believe that a portion accrued during the marriage so I would speak with an attorrney there as soon as you can.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.