Parents got divorced, retirement question.

[mza]

What is the name of your state (only U.S. law)? Ohio.

I'm asking this on behalf of my mom. My parents got divorced around two or three years ago. My dad works for the State of Ohio (He's a guard at a prison.) and he is telling my mom after 20 years of marriage that she isn't entitled to any of his retirement.

How true is this and is there any way for her to get her half of the retirement right now or does she have to wait for him to retire?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Ohio.

I'm asking this on behalf of my mom. My parents got divorced around two or three years ago. My dad works for the State of Ohio (He's a guard at a prison.) and he is telling my mom after 20 years of marriage that she isn't entitled to any of his retirement.

How true is this and is there any way for her to get her half of the retirement right now or does she have to wait for him to retire?

NEVER, EVER take legal advice from your adversary.

Have your Mom sign up here. We'll need to know a lot more details than you will have. In general, both parents would be entitled to 1/2 of the marital value of an asset like a pension, but there are lots of exceptions, so we'll need the details from your Mom.

 

[Ohiogal]

NEVER, EVER take legal advice from your adversary.

Have your Mom sign up here. We'll need to know a lot more details than you will have. In general, both parents would be entitled to 1/2 of the marital value of an asset like a pension, but there are lots of exceptions, so we'll need the details from your Mom.

She may not be entitled to anything if it was not ordered in the final decree of divorce. So what the final decree of divorce states is what matters.

 

[mistoffolees]

She may not be entitled to anything if it was not ordered in the final decree of divorce. So what the final decree of divorce states is what matters.

That's one of the exceptions.

Of course, there's an exception to the exception. If, for example, she had no way of knowing about the pension and hubby intentionally hid it from the court, then it might be possible to get it added at a later date.

But, of course, without all the info from Mom, none of us knows.

 

[nextwife]

That's one of the exceptions.

Of course, there's an exception to the exception. If, for example, she had no way of knowing about the pension and hubby intentionally hid it from the court, then it might be possible to get it added at a later date.

But, of course, without all the info from Mom, none of us knows.

Or if an equivilant asset was surrendered by the other party in exchange for keeping all of their retirement.

How true is this and is there any way for her to get her half of the retirement right now or does she have to wait for him to retire?

And even if mom was entitled to half and had a QDRO, she'd not RECIEVE those funds until qualifying age is attained.

 

[mistoffolees]

And even if mom was entitled to half and had a QDRO, she'd not RECIEVE those funds until qualifying age is attained.

Or, depending on how it's worded, possibly not until Dad actually chooses to retire.

OP, we're not trying to be evasive. There are a lot of details like the above that really matter. Please have your Mom sign up for her own account and we'll be happy to help her.