AmI entitled to half of my ex-husband’s pension if it was not addressed in the divorce?

UPDATED: Nov 20, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Nov 20, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

AmI entitled to half of my ex-husband’s pension if it was not addressed in the divorce?

The initial divorce decree does not address this issue. Am I within my rights to ask for 1/2 of the pension. We were married for 21 years.

Asked on November 20, 2011 under Family Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the divorce decree has been finalized, then no, you may not seek half of your husband's pension (exept as indicated below): the divorce decree sets the rights and duties of the former spouses, and one of those spouses cannot seek to reapportion or change them without compelling cause. In a situation like this, the only good grounds would likely be that your husband had in some way hidden his pension from you during the marriage and divorce, and you only just became aware of it; in that case, your inability to have addressed it earlier, coupled with his actions in concealing it, might warrant revisiting the terms of the decree. But if you knew of the pension during the divorce proceeding, it is difficult to imagine a court allowing you to now seek a part of it after the divorce was finalized.

If the decree has not been finalized yet, then you can certainly bring up  the pension and seek some portion.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption