What am I entitled to?

[Frin]

What is the name of your state? Florida
My husband of 9 years is a retired Sagent Major from the Army and gets a pension. He retired before we were married and has told me I am not entitled to anything from the Army if something happenes to him or we are divorced. That if there is anything his ex-wife will be entitled to recieve any benefits. Is this true?

Also he has a 401k from a college he taught at before we were married and he has her as beneficiary of it. He says she is entitled to that and can't change it. Is this true?

He also has several accounts he has been putting retirement money in since we have been married. He has no bebeficiary listed on one and I dont know about the other ones. If something happens to him who will be benificiary of the account that he has no beneficiary listed? Also if he has his ex-wife as benificiary of the accounts he started since we have been married will she get them?

My husband is a very secretive person and gets very upset the couple of times I tried to talk to him about this. I am 60 years old and not in good health and just afraid what will happen to me if something should happen to him.

Thank you in advance for your help

[nextwife]

And you were 51 when you married him? What were your retirement plans if you HADN'T married him? You are, of course, entitled to all your own, seperate, premarital assets.

You can certainly still get life insurance to protect you if something happens to him - my husband is 61 and I've bought a life insurance policy on him in recent years, to benefit our 9 year old.

All PREMARITAL assets are his to do as he wishes.

"He also has several accounts he has been putting retirement money in since we have been married".

By this do you mean he's transferring money he is receiving from his retirement/pension plans into various savings type accounts? Or does he also have earned income, earned during the marriage, going into new retirement savings? Is he working? Are these MARITAL funds, earned since he's married you, or is this payout of money accrued in retirement before your marriage?

[justalayman]

My husband of 9 years is a retired Sagent Major from the Army and gets a pension. He retired before we were married and has told me I am not entitled to anything from the Army if something happenes to him or we are divorced. That if there is anything his ex-wife will be entitled to recieve any benefits. Is this true?

that's possible. have you read his divorce decree? That usually specifies if an ex is entitled to any remaining pension or assets.

Also he has a 401k from a college he taught at before we were married and he has her as beneficiary of it. He says she is entitled to that and can't change it. Is this true?

could be. see previous answer.

He also has several accounts he has been putting retirement money in since we have been married. He has no bebeficiary listed on one and I dont know about the other ones. If something happens to him who will be benificiary of the account that he has no beneficiary listed? Also if he has his ex-wife as benificiary of the accounts he started since we have been married will she get them?

typically if there are no bene listed, the estate becomes the bene and gets divided per will or intestate laws if applicable.

My husband is a very secretive person and gets very upset the couple of times I tried to talk to him about this. I am 60 years old and not in good health and just afraid what will happen to me if something should happen to him.

Doesn't sound like shangrila to me. If he is this secretive and defensive, I suspect you have reason for concern. I would suggest speaking with an attorney about your rights and claims in a variety of circumstances.

[Frin]

I am sorry I made a typo on my original post. We have been married 19 years.

When we got married he insisted I stay at home and take care of our home and him. Before that I worked in a small family business off and on but have not worked enough in my lifetime to draw SS. I am not trying to be a gold digger. I just want to know a little about my rights because I am concidering a divirce. I just can not see me living in misery with this man the rest of what life I have left.

My son and daughter-in-law want me to come live with them but I just wanted to find out a few things before I commit myself to anything

Thanks again for your replies

[Bali Hai]

Originally Posted by Frin

I am sorry I made a typo on my original post. We have been married 19 years.

When we got married he insisted I stay at home and take care of our home and him.

Be aware that judges are wising up to statements like this. They are made for the premise of an alimony award. Try another line.

Before that I worked in a small family business off and on but have not worked enough in my lifetime to draw SS. I am not trying to be a gold digger. I just want to know a little about my rights because I am concidering a divirce. I just can not see me living in misery with this man the rest of what life I have left.

Nobody is stopping you from filing a complaint.

My son and daughter-in-law want me to come live with them but I just wanted to find out a few things before I commit myself to anything

Thanks again for your replies

You need to see an attorney and not rely on a internet forum with a bunch of jerks telling you what is best for you.

[LdiJ]

Originally Posted by Frin

I am sorry I made a typo on my original post. We have been married 19 years.

When we got married he insisted I stay at home and take care of our home and him. Before that I worked in a small family business off and on but have not worked enough in my lifetime to draw SS. I am not trying to be a gold digger. I just want to know a little about my rights because I am concidering a divirce. I just can not see me living in misery with this man the rest of what life I have left.

My son and daughter-in-law want me to come live with them but I just wanted to find out a few things before I commit myself to anything

Thanks again for your replies

You will be able to draw Social Security benefits based on his earnings record, no matter what else may end up happening....at your retirement age of course. It also won't effect his benefits.

In a divorce, you would be entitled to a share of any retirement accounts that accrued during the marriage, as well as any other marital assets such as houses or cars, bank accounts, brokerage accounts etc.

Its also quite possible that you could be awarded some spousal support. However that is not guaranteed and depends a great deal on what his actual income is.