Legal Question in Family Law in New Jersey
spousal support
Iwas divorced in 1999 and my ex-wife was awarded half of my pension. She also have a pension from one of her employers that she worked for. She continues to be employed after retirement for another company. Am I entitled to receive half of her pension from her first employer also. What can be done to rectify this situation because I would like to get my full pension restored if possible or or rceive half of hers.
3 Answers from Attorneys
Re: spousal support
Not having the benefit of seeing your final divorce and property Decree, I can only speculate!
However, that Decree probably leaves no wiggle room and is utterly final unless it has been appealed to higher court. A property settlement decree is not like alimony installments,and except for the welfare of minors, etc., it cannot be opened unless the Decree itself expressly leaves the cause open for future modification which would be extremely rare. A local competent counsel should be consulted.
Re: spousal support
Unless your final decree of divorce(presumably through your property settlement agreement)made provision for your right to claim a portion of your ex-wife's pernsion(s), this matter, ie., the issue of reciprocal or unilateral spousal support
cannot now be revisited and modified in any way from the terms of the original agreement-----unless, of course, this agreement allowed for such future modification which is very unlikely.
Re: spousal support
If you knew about her pension when the divorce was going on you should have attempted to get your fair share of her pension THEN.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
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