Expert: Allen - 11/24/2010

Question
My husband and I have not lived together since 1996( I live in PA., he resides in TN) He basically walked out and I have paid all the bills in the house thats still in both our names. I initially went for a divorce in 96, but family problems came into play and I had to drop it. Now I do not have the resources to go ahead with a divorce;  big issue is my husbands pension plan. We are both 63 and he is retiring soon. He feels I am not entitled and also has stated since I inititally filed for divorce in 1996 he said I am only entitled to monies up until 1996. I understand getting a lawyer and arriving at a settlement will cost thousands. What can I do?

Answer
Unfortunately, a lawyer may be the best way to go.

However, I would also try the following:

1. Contact the Plan Administrator for the plan and tell them that you are the spouse of the participant and they should not make any payment without your agreement. Your rights are guaranteed under the Retirement Equity Act of 1984. If you do not know who the Adsministrator is, contact the Human Resources Dept. of his employer.

2. Contact the Pension Rights Center in Washingtopn, DC. They may be able to help you.