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Nov 29
1999
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Ask a Lawyer: Is an ex-wife due pension benefits when divorce was before I was vested?Posted by: Dads Divorce on Nov 29, 1999 Tagged in: Rules , retirement , Procedures , pension , Modification , LA , investment , decree , Ask A Lawyer
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Question:
My ex-wife of over 21 years is seeking part of my retirement pension--even though at the time of our divorce I was not yet vested in the company plan. We were married for 8 1/2 years, 8 of them with me working at this chemical company--it took 10 years at that time to become vested in the plan. Now she is seeking "her" part of my retirement, all these years later. Can this be possible?
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Louisiana. In my jurisdiction, you can seek to modify property division years later. Was she awarded any portion in your divorce? I suggest you verify that she was not awared any interest. Otherwise, it should be too late for her to go back to the Court and request a share.
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