Retirement Plan and Divorce

[amtsampas]

What is the name of your state?What is the name of your state?What is the name of your state? Virginia

My mother has been married for approximately 13 years, since 1991. I am her daughter, 19 years old, but her husband is not my father. However, they have a 13 year old son together. My mom and her husband have not lived together since 1997 when he moved out because of an illness. He moved in with his mother. By this point, their marriage was already going down hill. My mom bought her house before they got married and his name was never on it. Also, when my mom and I had to get a restraining order against him, my mom was granted the house. The restraining order expired this past January and they have joint custody of their son. My mom wants to know if he is at all eligible for any of her money she has invested into her retirement plans. I'm not sure if her retirement plans were started before or after she was married. Any information I could get would help a lot. Thank you.

**Is there any way she could sign over her retirement plans to someone and not allow him to take it??**

 

[LdiJ]

What is the name of your state?What is the name of your state?What is the name of your state? Virginia

My mother has been married for approximately 13 years, since 1991. I am her daughter, 19 years old, but her husband is not my father. However, they have a 13 year old son together. My mom and her husband have not lived together since 1997 when he moved out because of an illness. He moved in with his mother. By this point, their marriage was already going down hill. My mom bought her house before they got married and his name was never on it. Also, when my mom and I had to get a restraining order against him, my mom was granted the house. The restraining order expired this past January and they have joint custody of their son. My mom wants to know if he is at all eligible for any of her money she has invested into her retirement plans. I'm not sure if her retirement plans were started before or after she was married. Any information I could get would help a lot. Thank you.

**Is there any way she could sign over her retirement plans to someone and not allow him to take it??**

She needs to consult with an attorney. Under normal circumstances he would be entitled to 1/2 of the retirement benefits that accrued during the marriage. However, since they have not lived together since 1997 she may have some defence against that.