My husband is retired federal employee. We have been married for 20 years. The annuity ahs been paid with me as beneficiery all this time. I ahve also worked but have no retirement plan or insurance because he had a retirement plan.What can I do?
2006-08-30 14:13:42 · 13 answers · asked by payne4utoo 1 in Family & Relationships ➔ Marriage & Divorce
I am in California and I know that after only 10 years of marriage my step-father's 2nd ex-wife was able to and still is drawing on his Social Security benefits even though he is survived by my mother (his wife of 9 years at the time of his death). I have no idea how she is able to do this but apparently it is legal (my mother checked) and Social Security is allowing her to do this.
If I were you, I'd find a good attorney. You can also ask this question of an attorney by going to www.allexperts.com and searching for someone with expertise in this area. It is a free site and you can ask you question of these experts for free.
Best of luck to you!
2006-08-30 14:21:00 · answer #1 · answered by ♥Me-Just Me♥ 6 · 0⤊ 0⤋
There are a couple of things that need to be deciphered first. The annuity, I assume there is money that he put in there that he earned while you were married. If that is the case, then it doesn't make a difference if he changes you as the beneficiary. The money that he put in there is marital funds which you are entitled to (50%).
Now, if you are talking about a regular vested retirement plan, then the same applies. That is a marital retirement plan, so you are entitled to your fair share of that as well, even if you didn't work outside the home to contribute monies to the plan. You definitely need to talk to a divorce lawyer in your area.
2006-09-02 06:59:27 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I too live in Arkansas and am divorced from a federal employee after a 28 year marriage.
My lawyer stipulated in the divorce agreement that I would begin to receieve a portion of my ex's retirement annuity when he retired.
He is now retired and I am receiving the benefits.
Be sure it is in the divorce agreement.
2006-08-30 14:50:37 · answer #3 · answered by Puzzler 5 · 0⤊ 0⤋
This question is answered in your divorce decree -- so that is where you will find your answers. Most courts will NOT award an ex-spouse part of the benefits earned by the other in perpetuity -- meaning that there will be a limit of support -- in terms of months or years. So yes, if the decree has the limits of support in there -- then after the limits have been satisfied, he CAN keep you out of additional benefits past the settlement agreement.
2006-08-30 14:34:10 · answer #4 · answered by sglmom 7 · 0⤊ 0⤋
i've got struggled with this besides. My daughter's dad died on 05 and that i were remarried for alongside time. She is 14 now, so it is not as huge of a controversy. i will not have faith somebody on right here reported that's just to get greater funds. My daughter's dad paid baby help for her, and clearly that provide up while he kicked the bucket. i'm grateful for the ss funds. i don't use alot of it, besides the undeniable fact that this is surprising while there is a few thing she needs to do this is high priced- trip for college, a classification,etc. i take advantage of the money then, via fact in any different case I probable would not have been able to handle to pay for it. i could call the interior reach social safety workplace and ask somebody there. in case you have ever referred to as the nicely-known 800# you will understand why I say this! they are actually not particularly clean on the coverage on the information superhighway or different information i've got won.
2016-12-14 15:11:37 · answer #5 · answered by ketcher 4 · 0⤊ 0⤋
You are divorced (or apparently about to be) thus all bets are off. I would imagine after the divorce, he would change the beneficiary. After the divorce you are NOT entitled to his retirement, etc., only to half the property (if you live in a state with community property laws), etc.
2006-08-30 14:18:36 · answer #6 · answered by Anonymous · 0⤊ 0⤋
We were told after 20 years you should be safe, unless he remarries...We worked for the P.O...You may even be entitled to his health benefits...Talk to his former employer...
2006-08-30 14:21:11 · answer #7 · answered by Anonymous · 0⤊ 0⤋
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2015-02-09 20:58:49 · answer #8 · answered by Keenan 1 · 0⤊ 0⤋
Where I am, after a divorce, you don't collect any of those benefits.
2006-08-30 14:16:27 · answer #9 · answered by julielove327 5 · 0⤊ 0⤋
Are u planning on getting rid of him soon? Geez woman, what a question.
2006-08-30 19:07:39 · answer #10 · answered by Charlie C 2 · 0⤊ 0⤋