Can an ex-spouse make a claim against her husband’s pensions?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an ex-spouse make a claim against her husband’s pensions?
I was married for 19 years and divorced in RI. He will collect 2 pensions and social security when fully retired which is a heck of a lot more than what I have. Do I have any right to his pensions?
Asked on September 28, 2011 under Family Law, Arizona
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The law is quite clean that pension plans are marital assets for distribution during a marriage. And from what I can glam from your question it appears that the issue was not addressed in your divorce. But why, is y question to you? Why was it not addressed, or was it addressed? You need to have some one read your settlement agreement and the disclosure documents that were filed with your divorce. I am fearful that you may have waived your rights to the pension money but you need to find out why - fraud, misrepresentation, bad counsel - why. You have said here that you were married for 19 years but not how long you have been divorced. You may need to set aside the agreement and time is ot on your side. In other words, do not wait too long. 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.