After 20 years, I divorced my husband and was a stay-at-home mother. In the divorce settlement agreement I was able to get 50% of his pension for the time that we were married. My question is how long do I have to wait to claim his pension?
There are two ways that pensions are usually handled during a divorce proceeding, by agreement where one party pays the party immediately or when the pension reaches maturity. The first type is when one spouse with the pension, usually negotiates with the other spouse who legally has the right to 50% of the spouses pension to get a portion or the entire sum in a lump sum or over your period of time earlier than the maturity of the pension. This is usually a negotiation point, and has never automatic. The usual course is after the Quadro is done on the pension and a determination of how much of the pension goes to each spouse, in both spouses must wait to the pension matures before either spouse can claim it. Essentially answer your question, since it does not seem that this matter was resolved within a separation agreement, you’ll have to wait until the pension matures. Basically this means when he legally can get the pension, then you legally to get your share, simply because you get a portion of it within divorce, does not give you a right to take the money out any earlier than the terms of the pension itself.
Joseph F. Botelho, Esq.
BOTELHO LAW GROUP
Attorneys At Law
901 Eastern Ave.
Fall River, MA 02723
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