QUESTION

Am I eligible to receive my ex husband's pension after the divorce?

Asked on Jun 28th, 2014 on Divorce - Virginia
More details to this question:
We have been divorced since 1995 and were married 26 years. We divided our assets: I took the house and he took his office building and a town house we rented. The children had all finished college w/no loans. I received alimony for five years. I was a stay-at-home mom for ten years. I signed no paperwork stating I would receive his pension at the time of his retirement. He is 70 years old and has been receiving his pension for a few years. Thank you.
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
Generally, once a divorce is final you have lost your right to come back and ask for any division of marital property.  A couple of narrow exceptions to that rule are where you were provided legal notice only by publication in the newspaper, in which case you have two years to reopen the case and have any property or support issues addressed, or in cases where it is determined that the divorce court had no personal jurisdiction over you.  But assuming neither of these applies to you, it is probably too late to ask for a portion of his pension now. If you were still receiving spousal support, then his pension could be counted as income for purposed of calculating what he should be paying you, but it sounds like the alimony in your case was of limited duration and has already terminated.  So that is not an option for you.  All of these things had to be addressed at the time of your divorce and that was your opportunity to make these requests.   This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Jul 09th, 2014 at 8:52 PM

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