Legal Question in Family Law in Maryland

Re: Retirement

Unfortunately, you can not re-open a divorcae case which was final in 1999 to re-litigate issues of marital property, including your ex-husband's pension. The law does not allow a divorce case to be re-opened, after it is final, except for specific issues such as changes in child custody, visitation and child support and, in some instances, alimony, unless you can show certain kinds of fraud or mistake in the procedures by which the divorce was granted and recorded. Your situation does not fall into one of those situations. It is unfortunate that you didn't consult with an attorney back in 1999.

Re: Retirement

Retirement benefits are considered to be marital property under the Maryland Code. The family law provisions make it clear that all marital property issues must be resolved at the time the divorce decree was entered or are lost. The only exception is if the court expressly reserves the right to make such determinations up to 90 days after the divorce, or later if the parties consent to it. I suspect that, since you didn't see fit to hire a knowledgeable family law attorney, this didn't happen.

It would have been quite inexpensive and well worth your while to have a consultation with an attorney before your divorce became final. You would have learned that you were probably entitled to a substantial share of your ex's pension when he retired.