Entitled to part of ex-husband's retirement

[Clarine]

I was divorced about 7years ago after being married for 32 years. At the time of the divorce which my ex-husband initiated in North Dakota, I at the time was in California. I had just started a new job and could not afford a lawyer or go to North Dakota to fight it so he got everything we had as I had left him and went to California with just 2 suitcases as he had threatened me and I was afraid of him. Now, I would like to know if I can go to court or whatever and get half of his retirement. As I said we were married for 32 years and had 5 children. He is now remarried but I think I should be entitled to half of his retirement. During that time I did work but did not work where I had retirement. After the divorce I worked for the last 6 years and will get some retirement but we were divorced during that time.

Please answer and if you need further information please let me know.

 

[curtisd]

well i know if he was military or civil service you could,and also soc.ser. as long as you're not remarried at the time

 

[scumcoast]

My understanding is you have no rights to his retirement unless it is mentioned in the divorce that way. I assume it is not if he got everything. Read the order and see what it says then you may want to check with an attorney which will again cost you just like it would have at the time of the divorce.

 

[Grandma B]

If he participated in a retirement plan, you had every right to a portion of his retirement pay, but probably lost it when you didn't ask for it in dissolution proceedings. If he was covered by Social Security, you will still be able to draw on his account.

 

[curtisd]

if he retired from the military or civil service it doesn't have to be in the divorce decree-contact social security to have it deducted from him.

 

[Grandma B]

if he retired from the military or civil service it doesn't have to be in the divorce decree-contact social security to have it deducted from him.

Not necessarily true. Judges can and do make rulings re pensions that override civil service and military retirement laws. Since she wasnt "involved" in the dissolution proceedings, I'd venture to guess that he had her rights to his pension negated.

At any rate, the Social Security Administration is not involved in either civil service or military retirement.

 

[curtisd]

beg to differ

Not necessarily true. Judges can and do make rulings re pensions that override civil service and military retirement laws. Since she wasnt "involved" in the dissolution proceedings, I'd venture to guess that he had her rights to his pension negated.

At any rate, the Social Security Administration is not involved in either civil service or military retirement.

when you retire from civil service you fill out forms which ask you your marital status and your present or ex spouse has to sign them-it does not ask what the divorce degree stated and if they were married at least 10 years she will get his retirement.as far as social security not being involved with mil.or civ.service retirement-where do you think the retirement fund comes from?

 

[Grandma B]

Re: beg to differ

when you retire from civil service you fill out forms which ask you your marital status and your present or ex spouse has to sign them-it does not ask what the divorce degree stated and if they were married at least 10 years she will get his retirement.as far as social security not being involved with mil.or civ.service retirement-where do you think the retirement fund comes from?

Yes, you fill out and spouse/ex-spouse has to sign a form when you retire from Civil Service or the Military. HOWEVER, judges can, and have, ruled to negate the previously signed forms.

I know exactly where the civil service retirement funds come from: the Office of Personnel Management in Boyers, PA. SS doesn't handle military retirement either.

As a matter of fact, the Civil Service Retirement plan only covers old-timers. Several years ago they changed the system to a new one called FERS (Federal Employee Retirement System). Under the new system, Federal employees pay into Social Security and are covered by that, not by civil service retirement. The FERS employees can also invest their personal funds, which are matched to a given percentage by the Government, in their choice of three types of investment plans.

 

[curtisd]

ok grandma b ill say it "uncle".oh,i had mine in the "C" fund

 

[CBOSCH]

divorced,deceased federal retirement

washington-my father and mother divorced about 5 years prior to his death.in their divorce mother agreed to let my father have his retirement. they were married 16 years and he worked as a cilvilian for the airforce through the federal government.mom never remarried,it's been over 18 years.can she claim his federal retirement?