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

UPDATED: Jul 11, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

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 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.

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