Family Law Questions? Ask a Family Lawyer Online.
I'm Lucy, and I'd be happy to answer your questions today.
Did you request a portion of the pension as part of the divorce proceedings? Was it mentioned at all in the divorce decree? If so, what did it say? How long have you been divorced?
Read your divorce decree very, very carefully to see if there is any language that would allow you to revisit your husband's pension. Usually, if you divorce before the money is being received each month, then it's part of the property settlement and cannot be revisited later. It's unfortunately too late to reopen that part of the divorce, unless your husband hid the pension from you and you just found out about it.
But if you're receiving spousal support, that is something you can modify later. It may be possible to request an increase to spousal support based on your husband's change in income. That might be another way to try to get some of the money.