No one could give you an answer based on what you have asked. Without all the documents and the entire story, including your divorce file, no one could know. Even with a complete set of what should be definitive, you must get advice from an expert, and they might not know. Retirements come in a bunch of shapes and sizes. Every plan has something different. Your divorce might outline an impossible scenario. If you didn't process the proper paperwork at the time of your divorce, you might have lost your rights. Again, no one could know unless you take the time and the effort to go to an expert. The area of the law is defined as a QDRO practice - Qualified Domestic Relations Order - and you might not come under those provisions but someone practicing in the area exclusively could tell you what you need to know or, more importantly, what the expert would need to know. Be careful in listening to anyone who tells you differently and be sure to check out who you hire for a consultation even. This area is not an area where you can expect free help. It's an area with high liability for the practitioner. If they don't get it right, you could sue. That's why you want a consultation from someone with a reputation that you have verified as the best. Retirements add up to thousands potentially. You might have blown it already on your own. If you are to repair that damage, you can't do it with WebAnswers - sorry.

The wording on the divorce order stated that I was entitled to 'any' of his benefits. I guess, if someone messed up, it would have been on his end, for not having a stipulation regarding disability. As it was, he retired under disability in 2007, and I was receiving my portion of his disability retirement annuity. Now, several years later and having missed several dealines to object, he's decided to bring it all back to court and ask the court to clarify the motion back then. I DO have an attorney, and at this point, he is challenging my ex-spouse's claims, mostly on the grounds that he's missed those deadlines, and it's too late. However, since my ex spouse truly qualified for both disability AND early retirement, I wondered if there were any legitimacy to his petition in the first place.