QUESTION
Can you get part of a state pension divorce in 1983 if not in divorce decree?
Asked on Feb 06th, 2013 on Divorce - Delaware
4 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If it wasn't mentioned in the divorce it may be a missed asset Depends in how marital settlement agreement was written. Have an attorney check the document.
Answered on Feb 08th, 2013 at 1:17 PM
If the asset was overlooked or omitted from the Judgment then you can bring a post judgment motion to divide the asset. You should consult a family law attorney to review the documents and advise you.
Answered on Feb 07th, 2013 at 6:41 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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It must be in property division.
Answered on Feb 07th, 2013 at 6:27 PM
If the divorce decree did not provide you with any rights to the pension of your ex-spouse, and you were aware of this pension at the time of the divorce, then you will mostly be prohibited from having a claim to the pension at this point.
Answered on Feb 07th, 2013 at 6:27 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com