Can my ex-spouse of 16 years collect my retirement now thatI am 55 andcould retire?

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Can my ex-spouse of 16 years collect my retirement now thatI am 55 andcould retire?

I can’t retire now and prob won’t for 6-8 more years but can she force me to retire to get the money. Can sue me in order to do that? I work for federal government. Doesn’t seem like she could. Shouldn’t she get the money when I retire?

Asked on October 5, 2011 under Family Law, New Mexico

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am assuming that your retirement benefits were part and parcel of the pot in the award of marital property in the divorce, which is generally the law in all of the states.  So read the agreement carefully but I am going to say - even with out reading it - that it most likely states whenyou retire.  And although I doubt that she could force you to retire, I could see how she might be able to bring you back to court should you refuse to retire and collect in order to spite her.  Listen, it has happened, believe me. So I would double check the issue with an attorney in your area just to be sure.  Good luck.


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