Glassboro, NJ Divorce Law Firms & Lawyers

According to the information provided, it appears that you were married in 1976 and divorce in 1988 and in the divorce agreement, you either got no portion of your former spouse pension plan in the division of assets or the agreement was silent as to your entitlement to share in your former spouses pension plan. If this information is correct, then you have no claim or entitlement to share in the "marital portion" of his pension plan. For you to have an interest in his pension, the starting point would have been the divorce agreement. If the agreement did not provide for you to have a piece of that plan, then you would not have been entitled to a QDRO ( qualified domestic relations order) for a portion of the plan. 

A marriage is considered by the court to be a partnership. You stayed for 20 years with the man who could not maintain employment and you enabled him to be unemployed. Apparently, his mental health issues did not cause the marriage to fail so they may not be really important now. Your husband, as a partner, still has to provide for the special needs child. You need a lawyer to put a settlement together that will be acceptable. However, in general, he owns 50% of the assets and 50% of the debt.