The time you needed a lawyer was in the divorce.
If your divorce was in Georgia, the pension could have been divided, but ONLY if that was done in the divorce. If this pension was not awarded to you, then you lose. If it was, you can claim whatever he divorce says you can claim (hopefully a proper QDRO was drafted by your lawyer).
If you feel your ex hid this pension from you, you MAY have rights to reopen your divorce. That would depend on factors not in your post.
Reposted under divorce as this is not a social security question. My other suggestion would be to call your divorce attorney immediately to discuss this.
Good luck to you.
The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.
If this pension was not awarded to you in the divorce, then you are not "entitled" to any of it. Are you claiming that your ex hid this pension from you and that you didn't know of its existence? Then, you'll have to go back to court to attempt to get an award of some portion of it. Pension calculations are very complex.
From the sounds of it, it may be an old, discontinued pension that your ex may not even remember having. It may not be worth much at all. You'll need an attorney.
This answer is not to be considered a response to a specific legal issue in a specific jurisdiction - it is to be considered only a general response to a hypothetical scenario posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction.
You may be entitled to a portion of the pension benefit under several different theories including but not limited to social security law and a potential constructive trust situation under Georgia law. Yes, you need an attorney. The legal issues involved can be extremely complicated. A social security lawyer would be agood place to start.
You don't say what state your divorce took place in. I can only tell you what applies in Michigan. In order for you to receive a portion of your husband's pension, there would have had to have been a provision in your divorce judgment identifying the pension and what portion you are entitled to.
I recommend that you consult an attorney in the state in which you obtained your divorce to find out whether you can now get a portion of your ex-husband's pension.
This answer is general information only. It may not be appropriate for the specific facts and circumstances of your particular case. No attorney/client relationship has been established on this limited communication. You are advised to consult with legal counsel in your jurisdiction before taking any action or inaction that may affect your rights. www.judithblumeno.com
You need to seek immediate legal advice. In order to set aside the Final Decree of Divorce, assuming this was a Georgia divorce, you must file your motion within three years of the entry of the final decree. If you have a viable claim to set aside the final decree to assert a claim to your former husband's pension, you will need to assert your claim immediately. The viability of your claim will depend on the specific facts of your case. Since this is a statute of limitations issue you need to talk to a lawyer immediately.
The viabililty of your claim will require a legal analysis of the specific facts of your divorce without which a valid opinion could not be offered on the likelihood of success.
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