Legal Question in Family Law in New Jersey

Re: Pension distribution

As indicated by the other Law Guru attoney, you should investigate the issue with an attorney that will review the PSA (property settlement agreement) or judgment. Generally one cannot waive something that has not been expressly mentioned but that depends.

If there is a 17-year marital portion that was acquired during the marriage but seemed to be omitted from equitable distribution, you owe it to yourself to investigate this omission with a lawyer such as my other guru colleague or me. Good luck!

Re: Pension distribution

If it was really overlooked by both parties, you may be able to go back to Court to obtain a part of same because it would then be an asset that was not distributed. However, a careful investigation of what occurred at the time of the divorce will be made to determine if it was truly overlooked or waived as part of an overall distribution of assets.

 Keep in mind that this advice is given based on the little bit of information that you have

provided in your question. My advice may change based on other information. Further, no one

can rely on advice from an attorney who has not been retained. You cannot rely on this advice

because we have not personally met and you have not retained me as an attorney. If you have not

already done so, you should immediately meet with a Family Law attorney for a full consultation

before you take any further steps. I would be happy to meet with you if you call me and schedule an appointment. Mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner