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

Answers:

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.


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