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Can an ex wife that is remarried collect 50% of my fathers retirement benefits

Novato, CA |

they were together about 18 years that he worked for his company, they divorced about 15 years ago and she has since remarried and there is nothing in the divorce decree about his retirement.

Attorney Answers 3


Yes, she can collect 50% of the retirement benefits accumulated during marriage. Even if the retirement was not listed the court retains jurisdiction to divide assets that are left out. She will probably have to go to court though.

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She certainly has a good chance to collect. If she takes dad to court, employ local counsel..The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Georgia. Responses are based solely on Georgia law unless stated otherwise.

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Her right to her community property share is a PROPERTY right, and her remarriage doesn't make it go away. Her entitlement is not to 50% of his pension, though, but to 50% of the portion that accrued during the marriage.

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