Can I take my ex husband back to court to receive a part of his retirement disability?
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Can I take my ex husband back to court to receive a part of his retirement disability?
My ex and I were married for 17 years and now we divorced 3 years ago. Since then he has filed and was awarded 100% disability from the VA and now receives money from the VA, social security, and is also drawing retirement disability. I was told that since I was married to him for more than 10 years I am entitled to a part of the retirement disability. Is this true?
Asked on July 28, 2011 Alabama
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Whether or not you are entitled to any retirement benefits or disability benefits of your former husband is best determined from what your marital dissolution agreement states. As such, I recommend that you carefully read it.
Assuming your husband received a disability benefit resulting from an incident after your dissolution was final, most likely under the law of your state such benefits are for him entirely where you cannot share in them.
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