Cleveland, OH asked in Divorce for Ohio

Q: I am 66 and about to retire and work three days a week. I am also getting a divorce. I have already moved into my own.

My husband gets a pension from Ford motors. Now I have heard that I may be able to receive a part of that pension. We have been married 12 years. If this is true, will it be taken from his existing pension or not. If not, what steps do I take in order to receive this benefit. I could really use it. Thanks.

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1 Lawyer Answer
Raquel Ann Parish
Raquel Ann Parish
  • Delaware, OH
  • Licensed in Ohio

A: Pursuant to Ohio Revised Code 3105.171 a division or disbursement of property or a distributive award made by Divorce is not subject to future modification by the court except upon the express written consent or agreement to the modification by both spouses. This means that the final order concerning the marital property in the Divorce cannot later be revised by the court (except under extenuating circumstances). It is difficult the reopen a Divorce case and to disturb a final order concerning the division of marital property. When a pension account is not divided correctly one spouse may lose out on monthly funds over the course of time for many years that they would have otherwise been entitled to receive. This could be the difference in one's retirement of paying for food or medicine or not paying for it. It is recommended that a spouse who is entitled to receive retirement funds seek the services of an attorney who can ensure they will receive a fair and equitable division of the marital property and that any Qualified Domestic Relations Orders are also included in the Divorce to order the fund to disburse the retirement funds to them at the appropriate time.

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