QUESTION
Do I have any rights to any of my ex-husband’s retirement if we have been divorced for 10 years?
Asked on Jun 06th, 2014 on Divorce - California
More details to this question:
We were married 12 years, have 2 children, and have been divorced for 10 years now. He was a drug and sex addict and I was forced into the divorce because he stole money and put the kids at risk. I had no money for an attorney even though I was a nurse practitioner because our money was gone. During the marriage I, alone, put him through the police academy. He "retired" out of the force near the end of the marriage due to a shooting incident. He gets $3000.00 to $4000.00 per month tax free now. 2 years after the divorce I was infected at work, ended up in a coma and now have a brain damage and much more. He does not see the kids. Do I have any right to any of his retirement? He is still very much a drug addict and I am afraid he will die and the kids will have no access to that money? He does not get a social security as a police officer.
5 ANSWERS
It depends on: 1. Whether your husband hid his retirement plans during the divorce and violated his duty of disclosure. 2. The terms of your divorce judgment. You're out of luck if the retirement was fully disclosed and addressed in your judgment.
Answered on Jun 10th, 2014 at 7:10 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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Your ex-husband's retirement is something that should have been adjudicated in the divorce. Unless he failed to disclose the retirement benefits or hid the retirement benefits information from you, you are probably out of luck.
Answered on Jun 10th, 2014 at 7:10 PM
If the retirement was earned during the marriage and was never divided, you should consult a family law attorney to review the facts and determine how to obtain the necessary orders.
Answered on Jun 10th, 2014 at 7:09 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You may be able to reopen the divorce to divide the retirement benefits. You would be entitled to one-half of the benefits earned during marriage.
Answered on Jun 10th, 2014 at 7:09 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You have to see what was ordered in your judgment. If he was awarded his retirement, then you are probably out of luck. You would only have an interest for retirement earned during the marriage. If the retirement was not divided then it could be a missed asset but it may be too late. See an attorney to discuss your judgment.
Answered on Jun 10th, 2014 at 7:09 PM