is my ex wife entitled to a portion of my pension absent an agreement saying so

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is my ex wife entitled to a portion of my pension absent an agreement saying so

I was divorced in 1991…my marriage lasted a little over 10 years by the time the divorce was filed in Bucks county…there were no seperate settlement agreements attached to the divorce. My ex has remarried and has been so for over 10 year.My question pertains to my retirement…absent any agreement , is she legally entitled to a portion of my retirement annuity from the uS postal service

Asked on June 19, 2009 under Family Law, Pennsylvania

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Without reading through your divorce decree, I'd say the answer is probably not.  But for advice you can rely on, you need to have an attorney review it, along with the other facts of this case.  One place to find a lawyer is our website:  http://attorneypages.com

I'm not a Pennsylvania lawyer, and that could make a difference.  But in most states, your pension rights would have been considered (or should have been) during the divorce, just like a bank account although figuring the value is a little bit more involved.  And the divorce either let you keep your pension (and it should be mentioned, but if it was left to you, it might not be), or else divided it up by means of a special order, called a QDRO, that would (after a specialist figured out the details) have the pension divided based on how much of it was earned during the marriage.

My guess would be that if she didn't already have some rights to your pension under the divorce decree, she's not going to get them now.


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