Legal Question in Family Law in Florida
Workplace Pension
When my husband got a divorce from his second wife, there was a divorce agreement that she would get a certain portion of his retirement pension when he qualified. He has remarried twice and is currently married to me. If she has remarried herself, does she still get the portion of his retirement from his job he had at the time of the divorce?
1 Answer from Attorneys
Re: Workplace Pension
As always, more information may be needed to provide a truly accurate legal opinion. However, generally speaking, once a Settlement Agreement has been reached in a divorce, and that Agreement is ratified by the Court, the agreement is final. The property settlement reached during the divorce, pertaining to contingent assets such as pension funds are reached under the theory that the fund was created with marital assets, and therefore, each spouse has a vested interest in the fund. The Settlement Agreement represents the parties� agreement has to how much of the fund the wife had an interest in at the time of the divorce. The fact that two future wives gained an interest in the fund after that first divorce does not diminish the first wife�s interest, particularly when an agreement has been reached and ratified by the Court, stating the exact interest of the first wife.