Tampa, FL asked in Divorce and Family Law for Florida

Q: Pension after a divorce and remarriage.

The papers from our divorce state that he was required to sign over his pension to me if he remarried before our youngest was out of high-school. He did remarry before that happened but never had the papers sent. I haven't questioned it because it is part of our divorce and should be honored regardless of any will since made. Do I need this settled before he passes or am I fine not having the paperwork done now? I am afraid if I ask, he will ask me to let him name his current wife or update it to the kids. I didn't take the house or anything in the divorce, settled for this and wonder if it's fine to just wait? He mother left him a sizeable estate with portions to both of our children so I know they are fine.

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1 Lawyer Answer
V Julia Luyster
V Julia Luyster
  • East Concord, NY
  • Licensed in Florida

A: I would not wait. If you were to get his pension upon his remarriage before your child graduated from high school and there is a final judgment and a signed agreement, and those are the facts. You should ask him to sign over the pension. If he does not you should move to enforce the final judgment. I would not wait. He should not be able to change the conditions of the final judgment; in other words put the pension in his Will. If you wait until he passes then you are possibly having the same fight.

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