What are an ex-spouse’s rights to retirement benefits after divorce?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are an ex-spouse’s rights to retirement benefits after divorce?

My husband divorced me 5 years ago after 30 years of marriage. At that time his pension and 401K were divided. He’s now going to retire with a large amount of money from his company based on his (high) salary and 40 years with the company. Am I entitled to a share of this? After all, I was married to him for all but the last 5 years of his employment there. What should I do?

Asked on February 2, 2011 under Family Law, Massachusetts

Answers:

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

Answered 10 years ago | Contributor

What you wish to try and do is to modify your divorce agreement or set it aside if that is what you state laws would rather you do procedurally.  Modification is usually done in cases like spousal support or child support if there has been a change on circumstances.  But to set it aside is much bigger of a deal and would need to be based on something like fraud.  In other words, if the pension or 401K amounts were not properly reported.  But if they were valued as of the date of the divorce and valued properly then you got what you were supposed to.  You need to take your agreement to an attorney in your area to review.  This forum is not the proper way to discuss this matter.  Good luck to you. 


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption