Legal Question in Family Law in Wisconsin
pension payment
My ex and I have been divorces over twenty years. He just retired and went on his pension. Am I a ble to collect some of that too? Nothing was put in my divorce papers about it. I was told that I should be able to as we were married over 10 yr. I need to know.
1 Answer from Attorneys
Re: pension payment
The division of pension, 401(k) and other types of retirement benefits in a divorce action usually requires that a special document (commonly referred to as a QDRO) be drafted and approved by the Court. If there was no written agreement executed by you and your ex-spouse about the division of the pension back during the divorce proceedings, then it is likely that you would now be deemed to have waived any claim to any share of his pension. You should make an appointment with an attorney in your area to have him or her go over your divorce file to be sure.
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