What are an ex-spouse's rights to retirement benefits after divorce?
My husband divorced me 5 years ago after 30 years of marriage. At that time his pension and 401K were divided. He's now going to retire with a large amount of money from his company based on his (high) salary and 40 years with the company. Am I entitled to a share of this? After all, I was married to him for all but the last 5 years of his employment there. What should I do?
What you wish to try and do is to modify your divorce agreement or set it aside if that is what you state laws would rather you do procedurally. Modification is usually done in cases like spousal support or child support if there has been a change on circumstances. But to set it aside is much bigger of a deal and would need to be based on something like fraud. In other words, if the pension or 401K amounts were not properly reported. But if they were valued as of the date of the divorce and valued properly then you got what you were supposed to. You need to take your agreement to an attorney in your area to review. This forum is not the proper way to discuss this matter. Good luck to you.