My ex-husband and I were married for a little over 20 years. It is my understanding that his retirement pension and savings plan are community property. However, it seems that he is blocking me from getting my portion now that he is recieving his benefits. I want to know if this is legal or if I need to get a lawyer and fight for what is rightfully mine. Anyone???
2006-09-14 05:34:52 · 17 answers · asked by Ulu 1 in Family & Relationships ➔ Marriage & Divorce
Wow, you ladies kill me. I divorced my wife and gave her a 2005 Caddilac Escalade and $50,000.00
She blew the money...sold the Cadillac ansd she is broke and back in my life and livivng me right now why????????/
Becasue I love her...you obviously married a Pig and so go clean his butt good and get your money!
2006-09-14 05:43:04 · answer #1 · answered by Anonymous · 0⤊ 1⤋
If it's in your divorce decree, all you need to do is forward it to the institution that is distributing payments. If it's not, you can pay a lawyer who'll take the case (if he knows YOU can pay) even if he thinks there's a good chance you won't get anything. Some pensions, and savings plans (such as ones through the military) have a stipulation that you may only collect if you remain unmarried.
2006-09-14 05:54:56 · answer #2 · answered by IAINTELLEN 6 · 0⤊ 0⤋
You have totally right to get a part of his pension. My husband works for Social Security Admin, and he told me all about that. If you have been married for 10 years you have the right to claim some of that for you. So you go girl. Go get it. He CANNOT block you from getting that. Call them ASAPto make an appointment with a representative. Good luck, and do not give up.
2006-09-14 05:39:11 · answer #3 · answered by stickan8 3 · 0⤊ 0⤋
I used to do divorce law in NYC. Im pretty sure that his pension is subject to distribution upon retirement. But i think you get your share at the age of retirement, not right this second.
I would get an attorney's advice from the state youre in. Its supposed to be subject to a court order. If he's not doing what he;s supposed to be doing per the Court Order, you can drag his azz back to court and have the judge hold him in contempt.
2006-09-14 05:38:38 · answer #4 · answered by JusticeManEsq 5 · 0⤊ 0⤋
Well, since you feel the need to keep a tie to your ex, sure go for it, get an attorney and fight for your portion of what you are due from the retirement and savings. Just know that it will cost you and is what you get going to be worth the fight? Contact an attorney to see what the laws are in your state or you can research it yourself, Good Luck!
2006-09-14 05:38:30 · answer #5 · answered by Cat 5 · 0⤊ 1⤋
I wouldn't think so because any contributions he made to the plan during the marriage came from the household income that was half yours. You sacrificed during the marriage to contribute to the plan. In some instances it would be treated like a joint savings plan and you would be entitled to half. Divorce attorneys do not bring this up for some reason, you should assert your claim on this.
2006-09-14 06:02:37 · answer #6 · answered by breeze1 4 · 0⤊ 0⤋
Say nothing to anybody; sign nothing. Gather up all paperwork and details you have concerning this and get thee hence to an attorney asap. You can get a portion of a pension or retirement plan.
2006-09-14 05:40:26 · answer #7 · answered by acmeraven 7 · 0⤊ 0⤋
It would depend upon the terms of the property settlement of your divorce. If you waved all rights, you'll need to see an attorney. Generally that sort of stuff is sorted out before you sign papers. If you signed, and part of that was not designated as yours, again, you'll need to talk with an attorney. Different states have different laws.
2006-09-14 05:42:00 · answer #8 · answered by April 6 · 0⤊ 0⤋
Legally you have a right to those things, but you'd better get a lawyer, cause you have a fight on your hands! Good Luck!
2006-09-14 05:41:55 · answer #9 · answered by Gerry 7 · 0⤊ 0⤋
Nope not legal I am not sure after how many years of marriage you are eleg. for part of the benefits but it is less then 20 get a lawyer and good luck
2006-09-14 05:44:13 · answer #10 · answered by connys1976 3 · 0⤊ 1⤋
What does the law in your state say and what does your divorce decree say. You need to see a lawyer about both.
2006-09-14 06:47:24 · answer #11 · answered by Anonymous · 0⤊ 0⤋