Question:
How can I claim my soon to be ex-husband's surplus funds? We've been separated for a year now and are just waiting to go to court for the divorce. I believe that he has unclaimed surplus funds and I want to know if I can claim it. We've been married in community of property for 10 years. I phoned the company and they did not want to give me any information regarding whether he has surplus funds or not and they told me that I can not claim.
Answer:
Nell,
Any claim you have against your husband's retirement fund is subject to a divorce order. You cannot simply claim from a retirement fund that is not in your name. At the divorce, both parties will have to declare their assets, and agree on a settlement. If it appears that there is surplus apportionment outstanding, then this will be considered in the overall division of the assets. But until you actually get divorced, you have no right to this money.
