When and how do I collect on my ex-husband’s pension?

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When and how do I collect on my ex-husband’s pension?

My divorce agreement states I am entitled to 1/2 of my ex husband’s pension. We were married for 20 years. We were separated in 2000, but divorced in 2006. My divorce states I am entitled to the benefits from 1990-2000. My ex-husband is still working for Florida Department of Transportation. Am I able to collect now on my portion of the pension and how do I go about collecting?

Asked on December 9, 2010 under Family Law, Florida

Answers:

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

Answered 10 years ago | Contributor

Ok, I think that you need to take your divorce agreement to an attorney to review and discuss your options.  How exactly it is stated in the agreement needs to be ascertained.  Generally you can collect on a pension when the party retires.  You have indicated here that your ex husband is still working.  So was the pension valued for the 10 years you were given and you were awarded an exact amount?  Was your attorney supposed to do some additional paperwork to send in to the plan administrator by any chance?  That generally has to happen as well.  Maybe you can speak with your attorney on the matter?  Seek help here with all of this.   Good luck. 


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