Legal Question in Family Law in Ohio

Obligation to answer additional legal inquiries after divorce is final

My divorce was final one year ago. My ex-spouse received half of my 401K but no discussion of pension or social security benefits were brought up during the discussions. We had one attorney representing my spouse under a collaborative agreement. I represented myself. We were never in court. My spouse had no retirement plan.

I received a letter from the attorney asking for information about whether a pension plan exists. Am I required to respond? Is this still open for award even after the divorce is final for a year?


Asked on 8/14/05, 7:32 pm

1 Answer from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Obligation to answer additional legal inquiries after divorce is final

Once a divorce estate is finalized by a Final Decree, the ex spouse has no entitlement to work assets of any nature. So the answer is the ex souse may not negotiate for pension rights.

Social Security rights of an ex spouse are available under limited circumstances. Check the Social Sceurity Administration's website for more details.

Good luck.

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Answered on 8/15/05, 6:57 am


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