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    mymuffin1's Avatar
    mymuffin1 Posts: 1, Reputation: 1
    New Member
     
    #1

    Apr 17, 2008, 04:15 AM
    Collecting on my exhusbands pension
    My husband was able to retire and collect his pension immediately last year but now is refusing to retire is their anything I can do to receive my share?
    Curlyben's Avatar
    Curlyben Posts: 18,514, Reputation: 1860
    BossMan
     
    #2

    Apr 17, 2008, 04:26 AM
    Is there anything in the divorce decree that allows you access to his pension?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #3

    Apr 20, 2008, 09:22 AM
    If it was not specifically addressed in your divorce settlement that you are entitled to a certain portion of his pension - then you are out of luck trying to collect it. The fact that he does not retire is irrelevant. He can retire when he wants to. And if he does not retire, then you cannot force the man to retire.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
    Ultra Member
     
    #4

    Apr 20, 2008, 07:25 PM
    Quote Originally Posted by mymuffin1
    My husband was able to retire and collect his pension immediatley last year but now is refusing to retire is their anything I can do to receive my share?
    What, or how much, is your share?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Apr 24, 2008, 12:55 PM
    Quote Originally Posted by mymuffin1
    My husband was able to retire and collect his pension immediatley last year but now is refusing to retire is their anything I can do to receive my share?

    You aren't automatically entitled to his pension - what does your divorce decree say about it?
    the1unv's Avatar
    the1unv Posts: 285, Reputation: 31
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    #6

    Apr 24, 2008, 07:35 PM
    Until he retires chances are you won't get a dime... My aunt and uncle divorced 15 years ago... the divorce papers give her 50% of pension after he retires... he worked for the Chicago North Western railroad for 40 years... he is 75 years old now... he stopped working the rails at 65... he did not retire, he became a consultant and teaches classes a couple times a week. My aunt still can not collect, and won't until he officially retires... which he says he will not do until he can no longer walk. His pension is over $4,000.00 per month, his salary now is $4,500.00 per month with full benefits. He was an engineer for over 30 years... BTW... he is my favorite uncle. LOL
    Sorry to say... there may be nothing you can do.
    Mike
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Apr 25, 2008, 04:54 AM
    [QUOTE=the1unv]until he retires chances are you won't get a dime... My aunt and uncle divorced 15 years ago... the divorce papers give her 50% of pension after he retires... he worked for the Chicago North Western railroad for 40 years... he is 75 years old now... he stopped working the rails at 65... he did not retire, he became a consultant and teaches classes a couple times a week. My aunt still can not collect, and won't until he officially retires... which he says he will not do until he can no longer walk. His pension is over $4,000.00 per month, his salary now is $4,500.00 per month with full benefits. He was an engineer for over 30 years... BTW... he is my favorite uncle. LOL
    Sorry to say... there may be nothing you can do.



    Wonder if your aunt could go back into Court and make an argument that he's circumventing the Court Order - ?

    I don't see Decrees addressing pension rights in this manner UNLESS the party is already collecting a pension - I see X Dollars a month, which is half of the pension, but no words tieing that amount to the pension. This must be the reason -

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