General Question

nblueSongs's avatar

How can I get part of my husbands pension in a divorce?

Asked by nblueSongs (4points) December 16th, 2016

I am about to contact his company that pays the pension to ask if I would get my portion even after he died, and that would help me to decide how this would work, as I really need something I can count on indefinitely since I am 60, and he is older and if he dies that would end any spousal support

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11 Answers

ARE_you_kidding_me's avatar

Are you really entitled to it? What were the terms of your divorce? Realize this can potentially backfire if you have your own retirement account. You just need to speak to an attorney but try to just get a consultation, they’re bloodthirsty. If you hire one make sure you do your homework.

Coloma's avatar

You need to talk with an attorney. You can, most certainly, collect on his social security if his benefit exceeds yours and you have been married 10 years or longer, same for the spousal support.
If the spousal support ends due to death you then would be entitled to widows benefits from S.S. and then the regular S.S. once you have reached, at least, age 62 or if you choose to wait until full retirement age. Talk with an attorney and S.S.

janbb's avatar

Talk to your lawyer. There are legal formulae for dividing up a pension during a divorce. Don’t call the pension company directly, they may not know. @Coloma ‘s advice is good.

Do be aware that there have been some recent changes to Social Security and divorce benefits that may affect you too.

gondwanalon's avatar

Go ahead and call the company and find out. And good luck to you!

When I retired from a large company I had the option to receive less pension money/month with the understanding that my wife will continue receiving a portion of my pension after I die. There was several options offered in which my wife will received various percentages of my pension. I selected the option to give her the most money but in return I’ll receive a greatly reduced monthly pension.

cazzie's avatar

It may depend on the State. I know a guy who had to split his pension with his cheating wife when she left him, but then they realised she had one, too, and it would have been pretty much a wash-up, so she took the equivalent in cash to pay off her credit cards. They essentially had him pay off her personal credit cards to make up the difference. He had to agree, of course, which he did.

zenvelo's avatar

The company won’t talk to you. It isn’t any of your business unless the Court says so.

If your divorce is already final, it is too late to add to the settlement. If it is not final yet, this is negotiated in court.

LuckyGuy's avatar

Look up QDRO – Qualified Domestic Relations Order. I figure the requirement vary from state to state.

CWOTUS's avatar

Welcome to Fluther.

@zenvelo for the win.

The former employer won’t speak to you.
The pension payer won’t speak to you.
No law enforcement person or court would speak to you until “standing” was established, and that won’t happen without a court action.

Talk to your attorney. If he hid assets during the divorce proceedings, then that is a potential route to recovery even after a “final” decree. But if the pension had been disclosed at that time and either ignored or forgotten, then you’re probably out of luck now.

Love_my_doggie's avatar

You’ve already been given some sound advice by the above posters.

Vested retirement plan assets are owned solely and entirely by the plan participant. The employer and the plan administrator can’t and won’t provide any information to you, because your husband’s benefits are his property and confidential to him. This could change in a court procedure or mediation, but that’s how it is for now.

You need to consult with your attorney. You may or may not be entitled to a portion of these plan assets, and you should pursue this matter soon.

LornaLove's avatar

Find out which marriage contract you are in. This will determine whether you will receive an income annuity or payout at retirement.

Love_my_doggie's avatar

^^^ Are you referring to U.K. law?

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