Legal Question in Family Law in Maryland

Pension

My mother and father were married in 1957 divorced in 1979. He passed in 1986. There was no mention of his pension in the divorce decree. Is she entitled to any of his pension even though he remarried?


Asked on 2/25/04, 9:13 am

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Pension

Although a pension is a marital asset and subject to property division upon divorce, several things must have occurred for an interest to form.

First is that the division of property be either agreed between the individuals and then the agreement becomes entered into the divorce. Other than an agreement, the property would have been addressed in the divorce and the property divided under judicial order. A qualified domestic relations

order would then issue for the interest to convey or a direct distribution may have been possible. Since it appears that none of this occurred and that the divorce was many years ago, the right

to the property would have lapsed and little other action can be taken on the matter.

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Answered on 2/25/04, 9:28 am


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