Legal Question in Family Law in Kansas

Divorced Laws for Reitrement Benefits

I am wanting to know the laws for trying to go after an ex- spouses federal retirement money. My parents were married for 17 years. My dad is getting ready to retire from the US Post Office. My mom is talking about going after his retirement pay which I think is more than unfair. They divorced in 1986. He has been married to his current wife for 14 years and my mother is also remarried for around 8 years. I am praying that she does not have any claim to this money since it will really cause problems within our family. Also, if she CAN do this, will he be able to go after HER Kansas State retirement as well?


Asked on 10/01/01, 9:32 am

1 Answer from Attorneys
Bonnie Selby Bonnie J. Selby, Attorney at Law

Re: Divorced Laws for Reitrement Benefits

With the assumption that in the 1986 Divorce Decree there was a division of property approved by the court, unless one of the parties was not aware of an asset held by the other (making the basis for a claim of fraud or withholding of information)one cannot reopen a domestic case to revisit division of property. That said, anyone can file a lawsuit, but I presume unless such grounds exist, no attorney would do so.

Secondly, in the division of property was any portion of either retirement set aside by a QDRO to the other party? Did your father change the beneficiary, if your mother was named as such, at the time of the taking of the divorce? That should be checked. With the information you supplied, it would be most unusual if such a case would be successful after the fact.

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Answered on 11/07/01, 8:56 am


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