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I've been married for 23 years and divorced for 1 year. Am I still entitled to my husbands annuity?

Runnemede, NJ |

The annuity was started from his employer after our third year of marriage in 1990. He took the annuity and rolled it to a Roth this year and is getting dividends monthly. They asked him about me before it was rolled over. Don't know how he was able to do this. Please provide understanding.

Attorney Answers 4


  1. The annuity should have been part of the marital estate and divided by qudro or other method as part of your separation agrement or judgment. either that or you received something else to make up for it. Check with your attny or whoever helped you with the agreement or the court process, I am sure there is a valid reason. take care and I wish you well.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. 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 Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  2. In New Jersey, all of the assets are to be divided at the time of your divorce. The include pensions and annuities earned during the marriage regardless of what party's name the asset is in. If you had an attorney, you need to go back to them and discuss this issue. Sometimes one asset is traded for another asset. Look at you comprehensive agreement or divorce judgment. You should consult with an attorney as soon as possible if this asset is not listed or if you got divorced without the benefit of legal representation.


  3. I agree with the prior answers. This sounds like a major asset and it should have been addressed in your property settlement agreement. If the PSA is silent on the issue, you may have rights under the federal law addressing retirement benefits (ERISA). Either way - it's something that's beyond the scope of a Q&A list on the internet. There's too much money at stake and too many fact issues to responsibly address here. Best we can say as attorneys is "yes - it's certainly worth checking into with an attorney."

    IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.


  4. It depends on what you agreed to in your divorce or what the judge entered, if there was no amicable resolution, or what the disclosure of the asset was by your ex husband.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed

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