Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #50:
In my divorce decree 19 yrs. ago there was no mention of my husband's pension. Husband didn't want me to go to court and I obeyed (I know, no longer naive). He recently retired and has a good pension, 401K and a new job. I feel that with all the years I spent raising the kids and not progressing in the workplace, that I'm due at least part of the pension that would have been contributed to during the years we were married when he worked at that establishment. I've asked for the pension plan, but not yet received it.
Answer:
If as you say there was no mention of the pension, and you indicate to the court that your husband did not disclose the existence of the pension at the time of your divorce, you may be able to open up the matter of spousal support once again and have the court provide you with your share of the pension which accrued during the course of your marriage. Did your husband complete a net worth statement at the time of the divorce and did he include the pension in it as a marital asset? If he did not, it is worth a try. If you can, hire and attorney to represent you.

Good luck!

Leonard M. Weiner, Esq./Divorce Solutions

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