Legal Question in Family Law in Oregon

I was divorced in 1988 after 15 years of marriage. My husband was a Deputy with the Sheriffs Department for 5 years then quit for 3 years. At the time of our divorce, he had went back into Law Enforcement as a Police Officer for the City. He had only been employed as a Police Officer for 10 months by the time our divorce was final in July of 1988. He had been in Law Enforcement from 1988 until he retired in 2010. Am I entitled to any portion of his PERS Retirement pension? I was his first wife and I never remarried.


Asked on 1/24/12, 3:47 pm

1 Answer from Attorneys
Kathy Proctor Proctor Law, PC

Generally a spouse is only entitled to the contributions made during the marriage and if the benefit was not divided at the divorce, then you probably can't access the small portion that he may have earned during your marriage. But, since you were married for a least 10 years and did not remarry, you may be entitled to a portion of his social security retirement benefit. You should check with your local social security office and inquire about filing a claim.

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Answered on 1/24/12, 4:31 pm


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