QUESTION
Am I entitled to part of my ex husband's retirement?
Asked on Jan 29th, 2014 on Divorce - Texas
More details to this question:
My husband and I were married for 30 years. He filed for a no fault divorce 5 years ago. Recently he called and asked me to sign a waiver for his retirement account so he can roll it over or cash it out, waiver page only, no account summary. Am I entitled to a portion of that account since I am still on it? There was no mention of the account in the divorce papers.
7 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, it should have been mentioned in the divorce.
Answered on Feb 03rd, 2014 at 3:18 PM
You are entitled to half. Do not sign away your right to it. It was an omitted asset, and you can still get it. Consult a family law attorney immediately.
Answered on Jan 31st, 2014 at 4:18 PM
Absolutely do not sign anything! Go see a lawyer in your community to protect your rights. You are entitled to one-half of everything earned in the retirement account during your marriage. Again, do not hesitate to talk to lawyer. You stand to lose a great deal.
Answered on Jan 31st, 2014 at 4:18 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I think that you probably blew it five years ago. Since no QDRO was issued, you are not entitled to any portion of his retirement.
Answered on Jan 31st, 2014 at 4:17 PM
You may be entitled to 1/2 of the amount put into the account since the date of marriage until the date of divorce.
Answered on Jan 31st, 2014 at 4:17 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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You might have been at the time of the divorce. Whether you remain entitled is an issue of the court. You probably got the divorce without an attorney.
Answered on Jan 31st, 2014 at 4:16 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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You should read the decree of divorce. If there was no mention of retirement accounts then you may go to court and have the court divided the retirement accounts.
Answered on Jan 31st, 2014 at 3:46 PM