| The most likely result would probably be that for the "short time" she was married to two people her pro-rata share of the retirement would be docked (at least in a community property state). In other words, the ex-spouse typically gets a share depending on how long they were married and how long it took to gain the retirement. For example, if you were married the whole 20 years you served, she would get 1/2 ( 50% * 20/20). If it turned out she was multiply married for two of those years, it might change the amount to %50 * 18/20, or 45% instead of 50%. Of course, when years add up even a few percent can amount to some considerable cash.
Even if she was married to the other dude first, and you argue that your marriage was 'void', she would still probably be considered your "putative wife" for the time she wasn't multiply married and therefore you wouldn't be able to just erase your marriage completely. Like a lot of law, there are considerable variations depending on the jurisdiction so you will probably want to check with a local family-law specialist.
So you probably haven't struck a pot of gold, but it may still be worth your time (and a lawyer's fee) to see what it can get you. |