If I have been divorced 25 years and have not remarried since my ex-husband is now retired, can I get benefits from him?

Asked on November 7, 2011 under Family Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You would be entitled to whatever benefits (or other payments or assets) you either negotiated in a divorce agreement or settlement, or were granted by court order in a divorce decree. However, after 25 years, you cannot go and seek any benefits or support other than what you had been given in the divorce. The only *possible* exception would be if you can show that he hid certain assets from you--e.g. hid about the fact that he would have a pension--which would have been taken into account had that been known, and which you only recently became aware of. In that case, it might be possible to seek new or additional benefits, and if you believe that is the case, you should consult with a family or divorce law attorney. Otherwise, however, you would be limited to what you received in the divorce.

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