We lived in Ohio and were married for 11 years. Am I entiteled to any part of his pension? There was nothing in the divorce papers to specify whether or not I would get part of his pension. I did remarry one more time for 3 years but had no children with the second husband.
2007-09-06 16:33:23 · 23 answers · asked by driftydaisy 1 in Family & Relationships ➔ Marriage & Divorce
Your attorney should have prepared a Qualified Domestic Relations Order (QDRO). A QDRO directs the plan administrator for your ex's pension plan to pay you a portion of the pension after your ex retires, according to how much accrued during the marriage. That's assuming you and/or your attorney knew about the existence of the pension plan while the divorce proceedings were going on. If your ex hid the existence of the pension plan from you, call your attorney (but good luck re-opening the case, after all these years). Otherwise, the decree is final.
Your remarriage doesn't matter.
2007-09-06 17:04:13 · answer #1 · answered by grizzie 7 · 0⤊ 0⤋
My deceased ex husband's pension from US postal service am I able to collect that? We were married for 14 years
2015-03-17 01:32:19 · answer #2 · answered by Rose Triano 1 · 0⤊ 0⤋
The 2nd hubby and no children is irrelevant. Your answer depends upon your state law, and the pension plan your ex- husband is under. In some cases, you would be entitled to a portion represented by the duration of the marriage during which earnings were credited.
Generally, though, your divorce is a complete severence of the marital contract, and you get nothing.
2007-09-06 16:39:41 · answer #3 · answered by seeitmiway32 5 · 2⤊ 2⤋
IN MICHIGAN I KNEW A WOMAN THAT WAS GOING TO BE ENTITLED TO PENSIONS FROM 4 HUSBANDS BECAUSE SHE HAD BEEN MARRIED TO THEM FOR AT LEAST 10 YEARS....AND I GUESS THE WAY IT IS VIEWED (OR WAS) IS THAT THEY FILED TOGETHER FOR INCOME TAX, THEREFORE SHE WAS ENTITLED. SHE WAS ALSO A NURSE (BACK WHEN NURSES DIDN'T GET PENSIONS SO MUCH)...AND IT WAS NOT FIGURED INTO HER DIVORCE PAPERS... I GUESS SOME PEOPLE FEEL THAT IF THE WOMAN IS AT HOME MAKING A HOME SO THE MAN CAN GO TO WORK IT ENTITLES HER TO A SHARE....SEEMS FAIR TO ME.
2007-09-06 16:48:38 · answer #4 · answered by chickennurse2002 1 · 1⤊ 0⤋
I know of someone that in his divorce he had to buy his ex wife out of his pension. I don't know how each pension fund works, the first call you should be making is to your divorce lawyer, and make sure it was not overlooked or hidden in any way
2007-09-06 16:38:18 · answer #5 · answered by Anonymous · 1⤊ 1⤋
You should have had this put in the divorce papers as part of your settlement. I believe it's too late to get part of his pension now, but you need to talk to a lawyer about that.
2007-09-06 16:36:27 · answer #6 · answered by janetrmi 5 · 4⤊ 1⤋
Your lawyer should have told you whether you were entitled to it or not...since it wasn't in the divorce papers you don't get any of it now...you might not be eligible since you remarried anyway..
2007-09-06 16:39:33 · answer #7 · answered by Anonymous · 2⤊ 1⤋
Yes, but normally this issue gets settled during the divorce process before divorce is finalized. This is one of the first issues a good divorce lawyer goes through during the divorce/
2007-09-06 16:42:42 · answer #8 · answered by OC 7 · 1⤊ 2⤋
I don't know what kind of pension he has but, typically, you lose that chance if you remarry. Ohio has no standard on this, it is awarded on a case-by-case basis.
2007-09-06 16:37:56 · answer #9 · answered by Average Joe 2 · 1⤊ 1⤋
Why do you feel you deserve part?
At any rate, if it is not in the divorce papers you get nothing.
Hate me, but I think you should earn your own pension.
2007-09-06 16:38:54 · answer #10 · answered by LuvinLos 5 · 2⤊ 4⤋