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.

Related Topics:
1 Lawyer Answer
V Julia Luyster
V Julia Luyster
Answered
  • 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.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.