MY EX-HUSBAND HAS A RETIREMENT PLAN. I CONTACTED THE PLAN ADMINISTRATOR AND WAS TOLD I CANNOT RECEIVE BENEFITS, UNLESS IT WAS STATED IN MY DIVORCE PAPERS.IS THIS TRUE? DO I HAVE ANY OTHER WAY OR RIGHTS TO PROCEED IN THIS MATTER? WE WERE MARRIED FOR 20 YEARS. THANK YOU
Your matrimonial attorney should have addressed this as part of the overall division of assets of the marriage. In some instances, perhaps yours, rights to pension are traded (negotiated) away for more rights (interests) in other assets. For example, in some divorces one spouse might keep his pension and the other spouse may get ownership of the marital residence. If a pension is to be divided a Qualified Domestic Relations Order (QDRO) may have been prepared. Review the property settlement agreement and any related documents and set up a meeting to review them with your matrimonial attorney.
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