divorce was final in November of 2006, he split up 401K, but he has a pension & a union pension that was not part of the settlement or declared as an asset before the divorce was final. We were married 34 years and I should have a claim to it. Can I do anything now that the divorce is final?
2007-03-12 02:52:50 · 7 answers · asked by tbootsie 1 in Family & Relationships ➔ Marriage & Divorce
depends...if he never declared it as an asset you might have a claim to it. See an attorney immediately. The divorce is not what splits the assets it's the QDRO and that can be amended many times over even atfter the divorce...especially if the divorce decree simply splits marital assets 50-50.
Make sure that you see that attorney...part of the reason that your ex-husband was able to earn that pension and union pension was because you were at home taking care of the kids....He would have had a much more reduced pension if you were out in the work force earning your own retirement. That moron that says that yours is a welfare mentality is about as ignorant and short sighted as one can get.
2007-03-12 16:42:56 · answer #1 · answered by digdowndeepnseattle 6 · 1⤊ 0⤋
You may be entitled to some of that money when it's paid out. Did you split the 401(k) 50/50 or some other split. Perhaps you got more than 50% of the 401(k) to offset not getting pension benefits.
Perhaps you don't get them until he is drawing on that pension?
Perhaps he earned those benefits prior to marriage, meaning you are not entitled to them as they were not a marital asset.
You will have to ask a lawyer, and ask your lawyer why this wasn't considered during the divorce. Perhaps it was and you negotiated this away to get more of some other asset like the home, etc.
There is no way we on Yahoo! answers could possibly know. We can present some scenarios, but you will have to do your homework.
2007-03-12 03:05:53 · answer #2 · answered by camys_daddy 5 · 0⤊ 0⤋
There may not be anything you can do at this point, but I would still contact a divorce attorney to find out. It probably depends on what the laws are in the state you live in.
Good luck. You definitely deserve half of that money and your original attorney should have checked into that.
2007-03-12 02:56:53 · answer #3 · answered by Julie F 4 · 0⤊ 1⤋
For retirement information head over to http://www.retirement-life-today.com
2007-03-12 12:19:25 · answer #4 · answered by Tom T 3 · 0⤊ 0⤋
What makes you think you have a claim to what he worked for?
Worthless welfare mentality ..."Oh I am owed money" stupid attitude.
I hope you get the ebola virus.
2007-03-12 03:24:12 · answer #5 · answered by Ari A 4 · 0⤊ 1⤋
After the divorce-no, you can't do anything.
2007-03-12 03:11:49 · answer #6 · answered by Baby #1 born August 2009 6 · 1⤊ 0⤋
This is what he worked for? Make sure he goes to a dentist so you can check if he has any gold fillings you can have pulled.
2007-03-12 03:03:38 · answer #7 · answered by Anonymous · 2⤊ 1⤋