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My husband and I dvorced in 2003. He retired from his job at…

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My husband and I dvorced...
My husband and I dvorced in 2003. He retired from his job at age 65 and received a large pension from his company. Do I deserve to receive any of thos monies? We were legally married since 1976 and never remarried. I'm 57 and on SSD and know if he passes I'm legally due for his SS benefits as I'm 50+ but disabled. So right now, I need to know if I can get part of his pension? Thank you, XXXXX XXXXX
Submitted: 8 years ago.Category: Employment Law
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Answered in 2 minutes by:
6/14/2010
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,632
Experience: Employment/Labor Law Litigation
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Issues of pension are dealt with by the divorce court. Certainly, a divorce court can view a pension as a shared asset that can be split evenly or at lesser percentages based on various criteria.

But, if you have no current divorce decree stating that you have a right to that pension, then you have not right to it at all. You'd have to go back to court and attempt to reopen a 7 year old divorce to have a clarifying order stating that you are entitled to some portion of that retirement. It certainly can be done and has been done before, but it's not a simple process.

You'll have to hire a local divorce attorney to reopen that old case.
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