Legal Question in Family Law in Pennsylvania

Why wasn't this in initial divorce decree? At the time parties file the divorce complaint they can request equitable distribution of marital property. Any pensions/401(k)s etc. can then be divided up even if one spouse is not yet receiving the retirement benefits. This is done by a special order called a qualified domestic relations order (QDRO).

So why was this not done? Once the divorce is granted you can't come back 15 years later and ask for benefits.

If you are talking about something like Social Security, that's a different matter. Social Security has its own rules but sometimes (usually a wife) can claim her former husband's Social Security if they were married for at least 10 years. There may be similar rules for things like Railroad Retirement.

Figure out what type of retirement benefits you are talking about. If its a private pension/401(k) etc. review your divorce papers or have a talk with your former divorce attorney. If its some type of government retirement benefit, then you might want to consult a lawyer familiar with these types of things or your family law attorney as he/she may know the answer.