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mkc1959
mkc1959, Family Law Attorney
Category: Family Law
Satisfied Customers: 616
Experience:  Practicing attorney with 26 years of experience.
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My husband and I have been married years, and been together

Customer Question

My husband and I have been married for 14 years, and been together for 18 years. Before that he had been separated from his first wife for 4 years. When they got divorced, their divorce decree says that they should get the pension divided (quadro) asap. His ex wife refused repeatedly to have this done. When we got married, his pension company suggested he put me down as beneficiary to his pension, as his ex wife never had anything done about it. This was after he and I repeatedly told her and their children that she would lose it. Well, never the less,we have been stupid enough to send her a check for 1/2 the pension for 14 years. Now, we are in a situation where we will be losing some of our income, my 401k is coming to an end, and we've lost money ($300 a month) in the stock market...and we could certainly use that extra money now. We've called the pension company and they say in no way is she entitled to any of the pension. But, have we set a president (spelling??) by paying her all these years? We are no longer close to their sons so that's a problem with us. Can we legally just stop her checks now. We have always had her taxes taken out of the check ahead of time, so there is no record that she receives these checks, except with the bank she cashes them at.
Submitted: 1 year ago.
Category: Family Law
Expert:  mkc1959 replied 1 year ago.
You should consult a local attorney. However, it appears the first wife may not be entitled to any of the pension.
Unless your husband had already retired before the first divorce, then the first wife may have never been entitled to 1/2 of the pension.
Generally, if the husband has a retirement account that he made contributions to for 30 years and was married to the first wife for 10 of those years, as an example, then the first wife could claim 1/6th of the pension. That is calculated by taking the number of years of the first marriage and dividing that number by the total number of years of contributions, which is 30. So 10/30 equals 1/3.
Then the first wife would have a claim to 1/2 of the pension that accrued during the first marriage. So you would divide the 1/3 by 2 which would show the first wife would have had a claim to 1/6th of the pension.
You will have to do the calculations based on the specific facts of your husband's case, but since the first wife has been paid, apparently for many years, she may have already received more of the pension than she would have "legally" been entitled to.
There are other issues related to whether your husband should get credit for the payments made to the first wife, but he still has valid claims that the first wife is not entitled to any more money.
Please follow up with a local attorney. Please let me know what questions you may have as I want to be certain you are satisfied with my response so that I may be paid.

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