QUESTION

am i entitled to a part of ex husband retirement

Asked on Jan 24th, 2013 on Divorce - Virginia
More details to this question:
Was married for 34 years.now divorced for seven ye ars. Worked very little.am i entittled to part of his retirement  Even if i remarry later.
Report Abuse

1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
Yes, you would be entitled to a portion of your husband's retirement benefits, but the time to ask for that is at the time of the divorce, not seven years later.  Once the divorce is final all issues of property and support are closed, unless you explicitly reserved the right to request support later in the final order for divorce.  Even in cases where you received no notice of the divorce, such as when notice was provided by publication in the newspaper, or in cases of fraud on the court, you generally have only two years in which to bring any issues back before the court.   That said, you should still receive a portion of his social security upon his retirement.  This is true of any marriage in excess of ten years and does not need to be specified in the divorce order.  You can contact the social security administration directly if you have any questions about that or how to claim it. 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 Jan 25th, 2013 at 3:37 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters