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Am I entitled to part of my ex -husbands retirement if there was nothing settled in the final judgement?

San Jose, CA |

married 12 years/divorced for last 18. My ex-husband is retiring but I can not find anything in the final judgement stating if he has to stop my alimony or if I am entitled to part of his retirement. I do remember something about being left "open"?
is there a specific law / do I need to go back to court (or get a lawyer) to get this matter settled??

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Attorney answers 1


The answer is "it depends".

You should review the dissolution judgment promptly and carefully, preferably with an experienced family law attorney, to figure out what you're entitled to, and what steps you may need to take immediately to protect your rights.

If his pension plan administrator turns your share of the money over to him, because the administrator never received any sort of notice from you that you had a claim against the pension, then the plan administrator may be "off the hook" and you might be left chasing your ex for the money. It may be very important to act quickly to guarantee that your rights are protected.