Divorce Source Community Forums >> Pension Issues

Jump to first unread post. Pages: 1
lovely12007
recently joined


Reged: 10/12/10
Posts: 7
help with retirement benefits
      #696998 - 10/12/10 02:48 PM

My former spouse recently retired after 30+ years in the military. He was active duty for all of his service. We were married for 12 years and divorced in 1994. Our divorce was granted in the same state we were married in. He filed prior to the purchase of a house and made no provision(s) for child support (we had 2 minor children at the time) In the decree he listed his cars and the house as property to which he wanted to own outright. He did grant me sole custody of the two children but there was never a division of property/or material possesions acquired during the marriage n or any spousal support.Now that he has retired he told our son that I was entitled to a portion of his pension pay. I need to know how I must proceed to start this process. I haven't remarried and was told I am entitled to it.

Post Extras: Print Post   Remind Me!   Notify Moderator  
DedicatedDad
veteran
**

Reged: 09/05/04
Posts: 1318
Re: help with retirement benefits [Re: lovely12007]
      #697003 - 10/12/10 03:01 PM

Because of the uniqueness of your case, you will absolutely need an attorney.

Most of the assets and benefits that you ultimately declined back in 1994 can't be sought now. But, you may still be entitled to the retirement. What exactly does your decree say? Was it addressed at all then?


Post Extras: Print Post   Remind Me!   Notify Moderator  
lovely12007
recently joined


Reged: 10/12/10
Posts: 7
Re: help with retirement benefits [Re: DedicatedDad]
      #697037 - 10/12/10 03:42 PM

Thanks Dedicated for your response. No,retirement benefits were never mentioned in the original decree. I was'nt seeking to recoup anything material. I just mentioned everything to paint the full picture: He was only concerned about the house and the material possessions we acquired during the marriage (clearly he valued them and I didn't care about the house)I just wanted to know if I HAD to hire an attorney or there was another alternative or protocol to get the benefit. I want to do it as soon as possible since he was the one who mentioned it to my son.

Post Extras: Print Post   Remind Me!   Notify Moderator  
Maury
Carpal \'Tunnel
**

Reged: 06/02/04
Posts: 8181
Loc: This Asylum --->
Re: help with retirement benefits [Re: lovely12007]
      #703898 - 11/05/10 01:14 AM

What did your decree say about military retired pay? that controls what occurs with that benefit. It is not something, generally, that can be revisited later.

Post Extras: Print Post   Remind Me!   Notify Moderator  
lovely12007
recently joined


Reged: 10/12/10
Posts: 7
Re: help with retirement benefits [Re: Maury]
      #704048 - 11/05/10 04:23 PM

there was no mention of retired pay,child support,medical or any benefit. It named vehicles and a house he wanted to retain only. It did grant me custody of the two minor children but no provision for support,medical coverage etc... I don't know how a reputable attorney / or court would file/ accept this but I guess everthing has a price.

Post Extras: Print Post   Remind Me!   Notify Moderator  
lovely12007
recently joined


Reged: 10/12/10
Posts: 7
Re: help with retirement benefits [Re: lovely12007]
      #704051 - 11/05/10 04:42 PM

my thinking(all be it hopeful) is that because there was no mention of any retired pay at all no provision of child support (sons were 7 and 10 at the time) and perhaps more importantly; he called to specifically give this information to me (although he told my son I was entitled to some of his ret. benefits) that I am entitled since it was neither included or excluded from the decree. Please help! Thanks

Post Extras: Print Post   Remind Me!   Notify Moderator  
elliesmom
Carpal \'Tunnel
**

Reged: 11/07/05
Posts: 8839
Re: help with retirement benefits [Re: lovely12007]
      #704500 - 11/08/10 06:01 PM

It will depend on the state in which you divorced.

Most states - if it is left unmentioned absolutely CANNOT be revisited later. In a FEW states that is not true. I think there are some exceptions for people who divorced prior to the 1984 supreme court case and following USFSPA but that would not cover you as you divorced after 1984.

--------------------
Forgiveness is...letting go of the hope that the past can be changed.


Post Extras: Print Post   Remind Me!   Notify Moderator  
Pages: 1



Extra information
0 registered and 0 anonymous users are browsing this forum.

Moderator:   

Print Topic

Forum Permissions
      You cannot start new topics
      You cannot reply to topics
      HTML is disabled
      UBBCode is disabled

Rating:
Topic views: 3128

Rate this topic

Jump to

Contact Us Divorce Source Home

*
UBB.threads™ 6.5.1.1


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.