If I retired 2 years ago, can my ex-wife now try to get part of my retirement?

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If I retired 2 years ago, can my ex-wife now try to get part of my retirement?

I divorced 22 years ago. We have both since remarried.

Asked on November 7, 2011 under Family Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Once there a divorce is final--that is, once there is a final settlement or decree--a spouse may generally only get what was in the settlement or decree. So if at the end of your divorce, your ex-wife was given some interest in or right to your reitrement funds, she could enforce that--but if she was not given it at the time, she should not be able to seek it now, with the one exceptions discussed below.

If she can show that you concealed from her the existence of a pension plan in which you were then contributing or vested, she *might* be able, on the basis of that concealment, to now seek some portion of or payments from it.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Once there a divorce is final--that is, once there is a final settlement or decree--a spouse may generally only get what was in the settlement or decree. So if at the end of your divorce, your ex-wife was given some interest in or right to your reitrement funds, she could enforce that--but if she was not given it at the time, she should not be able to seek it now, with the one exceptions discussed below.

If she can show that you concealed from her the existence of a pension plan in which you were then contributing or vested, she *might* be able, on the basis of that concealment, to now seek some portion of or payments from it.


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