IF YOU ALREADY OBTAINED A DIVORCE, CAN YOU STILL TAKE YOUR HUSBAND TO COURT AND GET HALF OF HIS RETIREMENT?

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IF YOU ALREADY OBTAINED A DIVORCE, CAN YOU STILL TAKE YOUR HUSBAND TO COURT AND GET HALF OF HIS RETIREMENT?

Married for 16 years; divorced 3 years.

Asked on February 21, 2011 under Family Law, New Mexico

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Maybe yes, maybe no.  You will have to take all of the paperwork from your divorce to an attorney to review.  The issues or pensions and retirement plans are generally addressed at the time of the divorce.  Did you waive your rights to a portion of it or did you get something else in return?  There may be two options here.  One, if the issue was not addressed at all then you can request a modification of the agreement to address it now.  And two, if your ex husband lied about his benefits in financial disclosure. If you are awarded anything it will be based upon 16 years of marriage, which is fairly significant.  Good luck to you.


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