How will ex-spouses’ retirement benefits be figured after being divorced?

I divorced my ex-husband 14 years ago after 15 years of marriage. Though I asked on three separate occasions, through our lawyers that our retirement issue be settled at that time, there was never a response. I even offered to take the difference in our accounts at the time of the divorce as settlement. We have both remarried and he is about to retire, while I have a while before retirement. I’ve heard that my state uses something called the “SIMS” formula to determine the percentage of benefits,but haven’t been able to find anything about it on the internet.

Asked on July 11, 2012 under Family Law, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your marital dissolution agreement and presumed judgment of dissolution with your former spouse does not address any retirement benefits then that issue is cut off and you simply do not get any of your former spouse's retirement benefits.

As such, you need to carefully read the marital dissolution agreement and judgment you have with your former spouse and see if the retirement benefits issue is addressed or "reserved" for further determination. Once you have carefully read it, you need to consult with a family law attorney about the subject that you have written about.


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