WI state pension after divorce

Retirement benefits, including pensions and 401K plans, are many times the most lucrative assets of the entire marriage. Under Wisconsin law, you would be entitled to 50% of those benefits. In order to determine what to do about that now, after your divorce, you need to go back and review your divorce decree to see how the retirement benefit was dealt with. If the asset was awarded as part of your ex spouse's property division, then you would not be entitled to 50% now, after the fact. If on the other hand, you were awarded an interest in their retirement benefit(s), but for whatever reason, you have failed to act on it by way of securing your portion, which is usually done with a document entitled qualified domestic relations order (QDRO), you should be able to still pursue your share now. You may need the assistance of an attorney to help you.  If your ex spouse failed to disclose that they had a pension or 401K plan as part of your divorce, under sec. 767.127 (5) WI Stats., you can claim a constructive trust of any asset that was not disclosed, either deliberately or by accident, by filing a proper motion or petition for the court for relief.