can a woman sue to get retirement?

Question

can a woman who has been divorced after 9 years sue to get a portion of her ex s retirement, we have been divorced 9 years, i got nothing from the divorce....can i refile for a settlement?

Answer 1

No. You need to get a job.

Answer 2

You can sue for anything.

The better question is, "What are my chances of winning?"

How long were you married is a good starting point. If you were married for one year, and divorced the past nine, why would you believe you are entitled to much of anything.

On the other hand, if you were married 27 years and divorced for the past nine, you might have a case.

You certainly are NOT entitled to half, because the portion he earned after the divorce is soley his.

Let's take the scenario where you married him right out of high school, and were married for 27 years and then divorced for 9.

So if he retires after 36 years of work, then you MAY have a valid claim to 1/2 of 3/4's of his retirement or about 3/8's of that balance or pension.

What we don't know is did you really get nothing, or did he take on your fair share of debt, in exchange for having to pay out.

In my case, I married at 31, so I had been working for a while, was married for about 7 years when she had her affair, and she got very little because I was able to demonstrate what I had before I married and all of that came off the table, that I had no debt before I married and a bunch of debt was accumulated during the marriage as well as retirement funds.

So I kept the house, gave her very little cash, no alimony, pay child support to support my daughter, kept the debt, and only gave up $17K in retirement funds (Thank you stock market crash, LOL. I've more than made up that $17K in retirement funds in the past two years.)

The bottom line is, it depends, see a lawyer. Most offer free initial consultations and can tell you if you have a case or not.

Answer 3

Unfortunately no. Once you sign the final decree that is it. The only way anything can be changed or readdressed by the courts is for child custody/support, or if your ex breaks a rule in the agreement. For example, most decrees state that the other is not to disrupt the others life, not to go to the others house without prior agreement, not to try to effect the others personal life, job, etc. Also if you were awarded any monetary settlement as far as equity of a house or if he was to pay any amount on debt, ie credit cards, leins, etc and he has failed to do any of it, then you may take him back to court, but not likely to even be looked at by a judge after 9 years. Read your decree. It has to state retirement accounts. If it says you forfit your rights to each others money, than your out of luck. It's just like alimony. You can't go back for it after the final decree. Hope this helps

Answer 4

Retirement is normally included in the original divorce settlement. I think it may be to late to do it now. In most states you have to be married at least 10 yrs. to be eligible to receive a part of ex souses retirement

Answer 5

I believe you have to have been married for 10 years in order to be eligible for 1/2 of the retirement. Check what your divorce papers say as well. Mine do not allow for my ex to sue me later for any alimony even though he was able to collect, he waived it.

Answer 6

No you should have got yours during the settlement 9 years ago.

Answer 7

No, if it was not covered in the original settlement you have no more right to his retirement than the guys next door.

Answer 8

Can a man?

Answer 9

no.