is my ex wife entitled to a portion of my pension absent an agreement saying so
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
is my ex wife entitled to a portion of my pension absent an agreement saying so
I was divorced in 1991…my marriage lasted a little over 10 years by the time the divorce was filed in Bucks county…there were no seperate settlement agreements attached to the divorce. My ex has remarried and has been so for over 10 year.My question pertains to my retirement…absent any agreement , is she legally entitled to a portion of my retirement annuity from the uS postal service
Asked on June 19, 2009 under Family Law, Pennsylvania
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Without reading through your divorce decree, I'd say the answer is probably not. But for advice you can rely on, you need to have an attorney review it, along with the other facts of this case. One place to find a lawyer is our website: http://attorneypages.com
I'm not a Pennsylvania lawyer, and that could make a difference. But in most states, your pension rights would have been considered (or should have been) during the divorce, just like a bank account although figuring the value is a little bit more involved. And the divorce either let you keep your pension (and it should be mentioned, but if it was left to you, it might not be), or else divided it up by means of a special order, called a QDRO, that would (after a specialist figured out the details) have the pension divided based on how much of it was earned during the marriage.
My guess would be that if she didn't already have some rights to your pension under the divorce decree, she's not going to get them now.
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 AttorneyPages.com 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.