Can an ex-spouse make a claim against her husband’s pensions?

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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 11 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.  


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