Are You Entitled to Your Ex-Spouse's Retirement Money Immediately After a Divorce?

Without seeing the divorce decree, it is hard to say with certainty what you are entitled to. But an overwhelming majority of the time, it would mean that you are not entitled to that money until your ex-spouse is entitled to the money when the time comes for him to retire. However, it is important to know that there are some exceptions to this rule.

Those exceptions would be dependent on the contribution plan that your ex-spouse uses for his retirement plans and what the rules are with early withdraws. Keep in mind that in most cases an early withdrawal means you would be responsible for the taxes on that money.

Either way, there are a couple of things that I would suggest you do as soon as possible.

First, I would contact his employer's human resources department or the administrator of his/her retirement plan. Give them a copy of the divorce decree and find out if there is any other documentation that you need to provide for them.

Second, you'll want to talk to your divorce attorney to make sure that everything in your divorce decree to make sure that it is certified and to make sure that you have a clear understanding of everything you are entitled to and time frames in which you can expect to receive them.


References: Common Divorce Questions



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