pension fraud

My sister has been divorced for nine years. Her husband quit his job prior to the divorce and therefore received no pension from Sears....she thought. As it was, he was only on a leave of absence and he went back to work and retained his pension. He has also hidden money. He has remarried (to a 'just a friend') weeks after the divorce was final. My question: Does she have any legal recourse to sue for his pension and/or social security monies?Thanks
ps....He is dying from cancer...my sister was married to him for 27 years and he's been married to 'her' for nine.

by KathyT 1 Post
Posted on 2/23/2008 3:56 PM

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Answers for "pension fraud" (1) (You must be logged in to answer)

Joshua Shulman
Financial Professional
47 Posts

Okay, what or who he is remarried to is not the issue. If there was real "fraud" then she could possibly go back and try to reclaim her portion of the pension and other "hidden" money. If there is no actual wrong-doing, meaning that his leave was not really a leave at the time, but considered a leave later then it may be hard to recover money. Also, if the settlement agreement was non-modifiable then it will be harder. Modifiable / non-Modifiable usually applies to spousal support, but it can signal an intent on both parties to not allow for changes in the future. Best advice, get an attorney to review the settlement agreement and go from there.

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by Joshua Shulman
Posted on 2/28/2008 8:20 AM

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