Retirement benefits

[trishaann]

What is the name of your state (only U.S. law)? CA
My husband was divorced about 30 years ago and now wants to retire. In the divorce papers there was no mention of any of his retirement benefits going to his X. It just states the usual distribution of property and child custody etc...since they had nothing of any value anyway. While still married to her he had worked there (the county) for 2 years. They want to see the court order and stated they would be looking for the particular language that addresses that issue. If there is no mention of retirement benefits in the final papers is she entitled to anything and would it only be for the 2 years?

 

[mistoffolees]

What is the name of your state (only U.S. law)? CA
My husband was divorced about 30 years ago and now wants to retire. In the divorce papers there was no mention of any of his retirement benefits going to his X. It just states the usual distribution of property and child custody etc...since they had nothing of any value anyway. While still married to her he had worked there (the county) for 2 years. They want to see the court order and stated they would be looking for the particular language that addresses that issue. If there is no mention of retirement benefits in the final papers is she entitled to anything and would it only be for the 2 years?

If it was not mentioned and assuming that fraud was not involved, she will probably not be able to get any of it.

If by some chance she does convince a judge to give her a share, she would only get a share based on the 2 years. However, depending on how it is calculated, that could be significant - since those were the first years and the amounts 'contributed' then would have had more time to accumulate. A lot would depend on the wording of the plan.

Frankly, I wouldn't do anything (although providing a copy of the divorce decree wouldn't hurt). If they try to initiate action, THEN he can get an attorney.