Legal Question in Family Law in New Jersey
Alimony
Was divorced in N.J. now living in D.E. Just recently retired. Former spouse wants half of pension. Already pay her alimony through court order.Is she entiled to half of my retirement plus the alimony I pay her? She also wants me to provide survivor benefits
1 Answer from Attorneys
Re: Alimony
Your former wife's rights are fixed by the divorce decree. Suggest you have an attorney to review the entire matter. Generally once there is an equitable distribution the rights in the pension are fixed or waived. If it was not covered in the agreement or decree your wife would have no interest in the retirement benefits. I suspect she may have waived her rights. Your question can not be answered without reviewing the agreement or the decree.
Gerald Hershenson
Law Office of Gerald M. Hershenson
506 Corporate Drive West