......can the ex-wife who suddenly decides she wants part of her husbands pension win?
She was given the house and contents to offset this which she has since sold, bought another house and sold it to live in rented housing. Maintenance is currently paid for 1 child and herself and she claims poverty!.
2007-08-11 14:09:08 · 17 answers · asked by Kyral 4 in Family & Relationships ➔ Marriage & Divorce
No way! If he is current on the support he pays to her and the child, there is no way she has claim to his assets. The terms of the divorce were laid out on paper in the settlement. That is a contract. She can't go back and change it 10 years later. As Judge Judy says, if is does not fall within the four wall of the contract, it doesn't exist. Meaning that if his pension was not mentioned in the settlement, the court can't touch it and doesn't recogize it as marital asset. She just needs to move on and manage her money better!!
2007-08-11 14:18:43 · answer #1 · answered by pixie22406 3 · 1⤊ 0⤋
Well hope she doesn't talk to my mom. Cause my parents divorced 32 yr's and my mother did same sorta thing and she some how found a loop hole and got part my fathers S.S. pension.
I know she had no rites too any of his penion in the divorce. She had been remarried to boot.
I've read the papers several times. I still don't see how a court gave her anything. neither do the attorneys
So don't say a woman in court is SOL.
2007-08-11 14:54:03 · answer #2 · answered by ball 3 · 0⤊ 0⤋
If it states in the divorce that she got the whole house and contents to offset this, then no - she can't get it.
However, I know my father was confused about some things with his retirement account after his divorce with my mom. She was entitled to a portion of the retirement -- just not as big of a portion due to payments he made at the time.
2007-08-11 14:28:31 · answer #3 · answered by mj69catz 6 · 0⤊ 0⤋
Nope. She gave up her rights to pension in the divorce settlement. After ten years, the court would not change that agreement.
2007-08-11 14:18:39 · answer #4 · answered by Melanie J 5 · 0⤊ 0⤋
Did you have this pension whilst married to her ?. It would have then been taken into consideration in your initial financial declaration prier to your divorce.
The point of divorce is separation both finical and emotionally, your ex wife may have forgotten this fact.
sleep well , she will never get her hands on it...
2007-08-12 02:51:15 · answer #5 · answered by secretdragons 1 · 0⤊ 0⤋
During my divorce in NY neither of us could touch the others pension.
2007-08-11 14:19:24 · answer #6 · answered by Gabe 3 · 0⤊ 0⤋
I dont have an answer, but you may want to read through your divorce papers. I think she might. My parents have been divorced forever and my mom is entitled to my dad's social security (what the hey, she obviously is getting nothing).
Sounds like she's been chatting with someone to stir up the pot now..
Good Luck
2007-08-11 14:17:33 · answer #7 · answered by pxpreally 1 · 0⤊ 1⤋
Has to be in the divorce papers. She's SOL. I all ready know this due to my divorce. Call a lawyer and ask, but I'm sure I'm right.
2007-08-11 14:15:57 · answer #8 · answered by kim t 7 · 0⤊ 0⤋
this may or may not help, my dad died recently, my mum & dad had been separated not divorced for 10 years, as i was next of kin I had to sort out his pension etc. we are in the uk & the pension people said she was not entitled to it. I had to sign a form canceling his pension & as next of kin that weeks pension went to myself & not her.
2007-08-11 14:37:03 · answer #9 · answered by wonderingstar 6 · 0⤊ 0⤋
she could contest the divorce order the judge gave but i seriously doubt that she will win. If its been 10 years she probabaly doesn't have a chance
2007-08-11 14:25:13 · answer #10 · answered by Jesse's Girl 2 · 0⤊ 0⤋