Is there a statue of limatationsfor a ex-wife to claim herex-husband’s pension?

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Is there a statue of limatationsfor a ex-wife to claim herex-husband’s pension?

Divorce finalized 7 years ago; ex-wife made no claim to pension. Can she come back and make a claim?

Asked on July 28, 2011 Pennsylvania

Answers:

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

Answered 11 years ago | Contributor

This is not an easy yes or no answer to the question you pose here.  There was no claim as you say but was there disclosure and waiver of the right she had to the pension?  Because a pension is a marital asset and it is subject to distribution during a divorce.  My concern here is that you intentionally did not disclose it as an asset of the marriage and that will come back to haunt you.  One would really need to see the entire documents of the divorce in order to determine how things went and what you should do.  I would not close the book on the matter just yet.  Please get some legal help in your area.  Good luck.


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