Can I take my ex husband back to court to receive a part of his retirement disability?

UPDATED: Jul 28, 2011

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Can I take my ex husband back to court to receive a part of his retirement disability?

My ex and I were married for 17 years and now we divorced 3 years ago. Since then he has filed and was awarded 100% disability from the VA and now receives money from the VA, social security, and is also drawing retirement disability. I was told that since I was married to him for more than 10 years I am entitled to a part of the retirement disability. Is this true?

Asked on July 28, 2011 Alabama


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not you are entitled to any retirement benefits or disability benefits of your former husband is best determined from what your marital dissolution agreement states. As such, I recommend that you carefully read it.

Assuming your husband received a disability benefit resulting from an incident after your dissolution was final, most likely under the law of your state such benefits are for him entirely where you cannot share in them.

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.

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