La Fayette, GA asked in Divorce, Estate Planning and Family Law for Georgia

Q: My husband and I divorced 10 years ago in the divorce decree we both kept our own IRA’s

He never changed me as the beneficiary am I legally able to collect?

3 Lawyer Answers
Regina Irene Edwards
Regina Irene Edwards
PREMIUM
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: No.

Leo Hughes agrees with this answer

Leo Hughes
Leo Hughes
Answered
  • Marietta, GA
  • Licensed in Georgia

A: Difficult to give a definitive answer without examining the settlement agreement. If it states unequivocally that neithr party can claim any interest in the other's retirement fund, then you do not have a claim and he is not obliged to list you as a beneficiary. Consult with a family law attorney.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
PREMIUM
Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: The answer depends on the exact wording of your settlement agreement and divorce decree. You should retain an attorney specializing in provate matters to assist you with this matter.

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