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Asked 2/9/2010

Divorce law

Separated 6 years and had an uncontested divorce 1 year ago.Properties were divided at separation and no chiddren involved Now she is trying to get my pension.Can this happen so long after she left?

 
 
 
 
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Answer 1/3 - Submitted 4/3/2011

Do you have a copy of the final settlement agreement?

Chances are the language regarding the division of the property indicates whether your former spouse is entitled to your pension. I am not sure of your state of residence, but it is likely that the pension would have been mentioned in the final settlement. The only way your ex would be entitled to your pension would be if you did not disclose it when listing your assets divorce the initial divorce proceedings.

 
 

Answer 2/3 - Submitted 4/3/2011

She can't get your pension because the divorce is already finalized. If she wanted to get your pension, she should have tried to get it while the divorce was going on. Don't worry about it.

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Answer 3/3 - Submitted 4/4/2011

Dottie,

That is the case for other assets; however, pensions work differently because they cannot be divided and distributed at settlement. As I stated earlier, review the final settlement agreement. Chances are your former spouse was awarded assets in the place of her interest in your pension plan. The former spouse has to complete a QDRO to receive his or her share in a pension plan. If a QDRO was not previously discussed, you are probably ok and have nothing to worry about.

 
 
 
 
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