Las Vegas, NV asked in Divorce for New York

Q: Is it to late to file for the retirement benefits owed to me from my divorce in 2007? I was married 9 1/2 yrs.

Divorce was granted to Ex-husband by default.I never signed paperwork.He is 65 and should be retiring soon or could be retired.

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1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
  • Garden City, NY
  • Licensed in New York

A: You need to have a provision in your divorce decree that entitles you to a portion of his retirement benefits. If there is such a provision, you need to have a Qualified Domestic Relations Order done and signed by a judge and then served on the retirement plan. Speak with an attorney about getting this done.

Michael Francis Barrett agrees with this answer

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