Legal Question in Family Law in Virginia
retirement question
What does it mean for a wife to be entitled to 50% of 7.5 as the numerator and the total number of years that the husband is employed with the company as the denominator. Wife and husband were married for 10 years and husband worked at a job for 7 1/2 years during this time. How can I figure the amount of retirement owed to the wife? Does a company hunt her down and send her the husbands retirement or will she have to surface and contact them and request it? Also, can this be amended, twenty years after the fact, if the wife agrees to sign off on the paperwork. What needs to be done to accomplish this, thanks.
2 Answers from Attorneys
Re: retirement question
3.75 divided by 7.5 times the total value of the retirement(monthly amount likely, unless lump sum settlement)is
probably the formula which will yield the amount of the retirement owed the wife.
The wife will most probably have to contact Human Resouces Department of company in order to determine exactly what paperwork must be submitted in her behalf in order to secure her share of her former husband's retirement.
The final decree of divorce likely incorporates an agreement between the parties which makes any financial agreements between the parties final and therefore unamendable, but the original paperwork would have to be reviewed in order to determine that this in fact is the case.
Re: retirement question
You are entitled to up to 50% of all retirement benefits your husband earned during the marriage. You only have to do that fraction if he earned any of it PRIOR to the marriage.
The only way to get work assets is for a Judge to order the company to give it to you and the only way to get a judge to sign such an order is in connection with a divorce. If you do not get it in the divorce you will never get it. You are not entitled to ask for assets in his sole name until you divorce. If you never divorce him he can keep it all and never share it.
Good luck.
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