My husband was married before for 7 years although for the last 3 years before they got divorced they weren't actually together. He was her third husband and she had kids by them, she never had any with my husband.
He was in the Army and will be entitled to a pension when he turns 60 and he is under the impression that she will be entitled to some of this. Is this right? Why should she? I'm his wife now so shouldn't I share it with him?
I could understand if they had kids together that they should be entitled to some but there is nothing that connects them now apart from the fact that she still uses his name which I find annoying too.
What if she were to remarry? Surely she wouldn't be entitled to any then.
My husband doesn't turn 60 for a long time but i just want to be sure of the facts before then!
2007-09-02 18:35:03 · 10 answers · asked by ChocLover 7 in Family & Relationships ➔ Marriage & Divorce
BTW I'm in the UK
2007-09-02 18:41:55 · update #1
As far as I am aware there was no mention of it in the divorce. To be honest it wasn't much of a marriage anyway. She had already been married twice before and neither her or my husband had any money so there was no house or money or kids to fight over. I just don't see why as she was only part of his life for four years that she should get a share of his hard earned money when he is now married to me.
2007-09-03 02:25:18 · update #2
I don't see why she would get any of it. You should look into it.
2007-09-02 18:39:41 · answer #1 · answered by mamabear 6 · 0⤊ 0⤋
It depends on what happened when they got divorced and on what settlement was agreed upon. Sometimes a share of a pension is part of the terms of agreement, in which case she would still be entitled to that. That might have been part of the agreement if he couldn't afford to pay her more at the time for example.
She might have done things like given up her job in order to support him in his military career, which would have been taken into consideration.
If your husband wants to give her some money through his own personal choice, that's another matter that you need to talk to him about. He may feel morally bound or that it is the honourable thing to do, in which case, to try and stop him would risk you appearing as being jealous or mean.
Seeking legal advice would be my best advice.
2007-09-02 23:10:33 · answer #2 · answered by Louisa 3 · 0⤊ 0⤋
I think it would be prudent to consult an attorney since the laws can vary depending on what state you are in.
This was an excerpt from the site below:
"In most states, retirement benefits accumulated during a marriage are to be divided at the time of divorce. The non-participant spouse is entitled to one-half of the benefits that were earned during the marriage. But government pensions can be an exception to the general rule when the government pension participant doesn't contribute to social security. A few states allow a social security set-off to the overall value of the government pension when valuing the portion of the pension that was earned during the marriage."
2007-09-02 18:46:16 · answer #3 · answered by Jennifer C 4 · 0⤊ 0⤋
If she remarries then she will not be entitled. However she will be under normal rules. If the marriage only lasted 7 years she will get less than a quarter bearing in mind how long a pension is accrued for. I think military rules are different from commercial company rules. If he paid into the scheme before marriage I don't think those years will count towards her entitlement.
2007-09-02 19:33:44 · answer #4 · answered by Anonymous · 0⤊ 0⤋
This should have been sorted out as part of the financial settlement before the divorce was finalised.
Your husband would be well advised to go to a solicitor taking with him his divorce paperwork. Many solicitors do a free initial consult and they would be able to tell him from the divorce documents as to whether this is still an open issue.
2007-09-02 21:43:17 · answer #5 · answered by jaymac318 3 · 1⤊ 0⤋
thats all i know for sure is that when me and my ex got divorced i could have gone for half his pension but i signed a legal document to say i did not want it.i done this as i felt it only right that he worked for it so he should get it,(he is in the forces too) so only thing i can say is that it all depends on what was decided when they got divorced.Also your husband will get his pension from the forces before he reaches 60.Best to get legal advice on this to know for sure what and if she is entitled to.All the best.
2007-09-02 19:59:22 · answer #6 · answered by lou 3 · 0⤊ 0⤋
Not unless it was discussed during the divorce with lawyers. Legally if they were still married but separated and he dies then she gets it, any pensions he has will go to you if he dies before you, normally you have to fight for the pension in the divorce. This is by Scottish law.
2007-09-02 22:37:28 · answer #7 · answered by Jackie M 7 · 0⤊ 0⤋
There is a good possibility that she will be entitled to some of his pension. You can probably find out by enquiring at the base where he is stationed.
2007-09-02 18:41:40 · answer #8 · answered by PEGGY S 7 · 1⤊ 1⤋
well if your in uk she may well get a percentage,the law is a *** here,maybe he should see a solicitor for advice
2007-09-02 19:34:02 · answer #9 · answered by fairy_gdmthr 4 · 0⤊ 0⤋
i think it has to ne 10 years to be intitle to it.. do some research
2007-09-02 18:45:02 · answer #10 · answered by vis 7 · 0⤊ 0⤋