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Topic: Divorce and Pension  (Read 529 times)

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Divorce and Pension
« on: March 09, 2020, 04:48:37 PM »
Not entirly the right forum but reaching out if anyone has any thoughts

Background
My wife is american
Worked 30+ years in California for School and married to america
Got divorced 6 years ago, settlement was made for what he would pay her for divoce.  No Pensions from either side were claimed from

Now:
Lives in UK
6 years later my wife has a letter from California Attoeny doesnt state why but says representing her x husband.    Looking up the case on the california court system appears he may be putting a claim in for her pension

Does anyone know if after being legally divorced for over 6 years he cn come sniffing back to try to get her money?

Thanks in advance


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Re: Divorce and Pension
« Reply #1 on: March 09, 2020, 04:53:16 PM »
A divorcee can claim Social Security spousal benefits, no matter how long they have been divorced. I don’t know the legality of claims on other pensions.
Dual USC/UKC living in the UK since May 2016


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Re: Divorce and Pension
« Reply #2 on: March 09, 2020, 05:52:56 PM »
I divorced in the state of Florida and could have a claim against my ex’s state pension.  It was settled during the divorce (we agreed to have no claim over the others pensions or retirement earnings).  Very clearly stated and considered at the time.

A quick google search says a claim on a California state pension can be made at any time. I would expect it was addressed in the divorce decree.  If it wasn’t, her ex will be eligible for half of the earnings during their marriage.


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Re: Divorce and Pension
« Reply #3 on: March 09, 2020, 07:28:55 PM »
Just checked her divorce decree everything but pension was stated as resolved.  Pension said to be decided by court in future. that was 6 years ago.  so i think she is stuffed ! seems a dumb system but its the sytem :-(   only 6 years ago guess hes after s bit of retirment cash now! grrrrrrrrr


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Re: Divorce and Pension
« Reply #4 on: March 09, 2020, 07:50:14 PM »
Just checked her divorce decree everything but pension was stated as resolved.  Pension said to be decided by court in future. that was 6 years ago.  so i think she is stuffed ! seems a dumb system but its the sytem :-(   only 6 years ago guess hes after s bit of retirment cash now! grrrrrrrrr

Big shame that she wasn’t advised to address the pension at the time of divorce. But hindsight is always 20-20.

Keep in mind she will be entitled to half of his pension/retirement savings as well.

And also keep in mind the only ones who get rich in these circumstances are the lawyers.  If what the ex is asking for is fair (stripping allllllllllll emotion out) and is just asking for half of the contributions during the marriage, netted off of his contributions, I’d recommend paying him off and being done.


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