can my mom go back and get my dads retirement

[draw1990]

My mom and dad divorced in 1980. He is retired airforce. They were married 16 years can she go back now and get part of his retirement. She has never remarried. (State of Utah)

[Friend In Court]

Re: can my mom go back and get my dads retirement

My mom and dad divorced in 1980. He is retired airforce. They were married 16 years can she go back now and get part of his retirement. She has never remarried. (State of Utah)

No. When the divorce was entered, the assets were divided and the decree final.

A court will not go back and re open a 30-year old divorce to award assets that if they were ever going to be awarded, should have been then.

[AFFA]

Re: can my mom go back and get my dads retirement

I wish to inform you that your mother may not seek any part of retirement benefit at present because the judgment of divorce generally includes decision on factors like alimony and spousal support. After the judgment if a party is not satisfied they may appeal the decision. A modification of spousal support may be filed. However division of assets is generally not done again after divorce unless such a provision was left in divorce judgment.

AFF

[Disagreeable]

Re: can my mom go back and get my dads retirement

That said, if dad did not remarry and mom was married to him at least 10 years. she can file under his SS, when she reaches age 62.

[jaffwatson]

Re: can my mom go back and get my dads retirement

Hello,

I do not have any idea about the state of Utah. In India if you have an agreement at the time of divorce deciding that if the wife does not marry again she will get half of the husbands property.

Thanks...

[goddessoflubboc]

That said, if dad did not remarry and mom was married to him at least 10 years. she can file under his SS, when she reaches age 62.

Sort of. Doesn't matter if dad remarried or not. Mom could've remarried but must be single now. She'd be entitled to an amount equal to one half dads SS, if that's more than her own benefit.

Dad must be of retirement AGE when she collects, altho doesn't have to be retired. If she collects early for HER age, she gets dinged.

This doesn't impact dads amount at all.

[Disagreeable]

Re: can my mom go back and get my dads retirement

goddess, sounds like neither of us has a full grip on this one. My mom, nor my dad ever remarried. Dad was retired and died. She reached 62 and received his entire benefit amount.