Legal Question in Family Law in New York
I received l/2 of ex's retirement; just found out he had another plan
In 2001 I received l/2 of my ex's retirement plan from his employer (only $8,000) - he worked 30 years at this job. He recently told me that what I had received was from his OLD retirement plan which was replaced by a newer one. He is officially retiring next month (Dec. 2003)with a sizeable ''buyout'' from the employer. Shouldn't I have rec'd 1/2 also of his newer IRA? I am disabled and unable to work - neither of us has remarried - do I have any chance of receiving an additional amount from his company, or not.
Please respond ASAP - thank you very, very much.
--name removed--Nichols
1 Answer from Attorneys
Re: I received l/2 of ex's retirement; just found out he had another plan
It depends upon the wording included in your Divorce Judgment, Findings of Fact & Conclusions of Law and any Stipulations or Agreements signed by both you and your EX. Also, It depends upon whether there was an an intentional failure to disclose that resulted in a "faulty" resolution of the ancillary divorce issues.
Hopefully, you had a lawyer that protected your interests. If the Lawyer "missed it" you still might have redress, but need to find a new one.
If you didn't have a lawyer, then get one, if only to have a proper interpertation of your rights, which can only be done by careful review of your file and research of the applicable law.
GOOD LUCK.
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