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post-divorce pension entitlement

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jdavies58

Junior Member
In my first marriage, I was married for 9 years. I have been divorced for 24. I live in Michigan which is a community property state. Unfortunately, I was unaware that I was entitled to a % of my ex's pension for the nine years we were married and was not made part of our property settlement when our divorce was finalized in 1982. My own attorney never mentioned it. Even if he had, it would not have registered. 4 years ago I was diagnosed bipolar after being misdiagnosed for 20 years.
My ex knew I was entitled to a portion of his retirement, but of course never mentioned it to me. He's 55 years old and has been collecting his pension for 5 years. He took an early retirement after 25 years of employment. He now works for Fords full time. He's sitting pretty good.
Here's my question: is there a statute of limitations prohibiting me from petitioning the courts to receive my portion of his pension?

Thanks
 


Litigation!

Senior Member
jdavies58 said:
In my first marriage, I was married for 9 years. I have been divorced for 24. I live in Michigan which is a community property state. Unfortunately, I was unaware that I was entitled to a % of my ex's pension for the nine years we were married and was not made part of our property settlement when our divorce was finalized in 1982. My own attorney never mentioned it. Even if he had, it would not have registered. 4 years ago I was diagnosed bipolar after being misdiagnosed for 20 years.
My ex knew I was entitled to a portion of his retirement, but of course never mentioned it to me. He's 55 years old and has been collecting his pension for 5 years. He took an early retirement after 25 years of employment. He now works for Fords full time. He's sitting pretty good.
Here's my question: is there a statute of limitations prohibiting me from petitioning the courts to receive my portion of his pension?

Thanks

My response:

Yes, an MSA is a contract. Since yours was signed in 1982, it's all over. In plain terms, you're out of luck.

IAAL
 

jdavies58

Junior Member
Well, I wasn't holding out a lot of hope that I would be able to. That's the story of my life, day late and a dollar short!:
:(
:)
 
Last edited:

Litigation!

Senior Member
jdavies58 said:
:eek: Well, I wasn't holding out a lot of hope that I would be able to. That's the story of my life, day late and a dollar short!:
:(

My response:

Actually, you're about 24 years late, and many thousands short.

IAAL
 

weenor

Senior Member
But the good news is- he worked at Ford. If the company is laying off 30,000 in the next 6 years, I would suppose there is a chapter 11 looming and an issue with pensions. Just a thought.
 

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