Legal Question in Family Law in Ohio

Spousal Rights to Retirement Income

I was married for 16 years and have been divorced for 13 years. It was never stipulated in the divorce decree whether or not I was entitled to a portion of his retirement income. I have never remarried and neither has he, however, he has been living with a woman for the past 5 years.

Can I legally claim a portion of his retirement when he retires from his current job and If so how do I go about claiming it?


Asked on 5/18/00, 10:49 am

1 Answer from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: Spousal Rights to Retirement Income

Not usually, the time to get a portion of the pension was at the time of the divorce. You may be able to claim that he fraudulently hid the pension, but that will be very difficult to prove. The bottom line is that your attorney at the time should have included the pension as a marital asset. At the time there may have been some consideration for not including the pension ie., you got the house, etc.

Read more
Answered on 7/11/00, 8:05 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Ohio