Helping 20 Million Americans a Year for 20 Years. FREE!
Find the Right Lawyer for Your Legal Issue!

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential

Call us today for a free consultation (855) 466-5776

Will I be able to collect a portion of my ex-spouse's pension benefits?

Question Details: We were divorced 23 years ago. In the property settlement agreement, the transcript says that "both parties have waived their interests in future assets". I was young at the time of my divorce and did not think about my ex-husband's pension benefits at that time. My attorney forgot to mention in the settlement agreement about me being entitled to my ex-husband's pension plan when he retires. I cannot prove anything to the contrary Now my ex has retired from the NY Transit Authority and is collecting a pension. I drafted a Domestic Relations Order that was consented in form by the plan administrator. They need a NY State-registered DRO to process it. What should I do to receive a portion of my ex-husband's pension benefit? Also, although, the divorce was finalized in NJ, I have been a NY resident for the last 15 years. Do I have to register my divorce case in NY first before I can register this DRO with the court? Finally, do I have any grounds to claim a portion of my ex-spouse's pension?

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.