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Erin M. JD
Erin M. JD, Family Law Attorney
Category: Family Law
Satisfied Customers: 135
Experience:  Practice Family Law in Texas
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The divorce decree is Nevada and he still lives in Nevada.

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The divorce decree is Nevada and he still lives in Nevada. However he remarried and is talking about moving to Oregon with his wife. According to the divorce decree I am entitled to half of all his assets including PERS, job pension, and investments. When the divorce became final in 2009, I didn't realize I was supposed to do the foot work to eventually collect my share of his pension with his job, with PERS upon his full retirement and I don't have the slightest idea how to collect on the investments. He isn't eligible for full retirement for PERS until 2019 however he has been on his job over twenty years in law enforcement. So, he can retire anytime now on his pension. I would appreciate any advice you might give.
Submitted: 11 months ago.
Category: Family Law
Expert:  Erin M. JD replied 11 months ago.
Hello! My name is XXXXX XXXXX I will be assisting you with this matter! You need to have prepared what is called a Qualified Domestic Relations Order or a QDRO in order for the company or companies to divide the retirement. If you had an attorney for the divorce, they probably should have helped you with this or at least made you aware. This must be in accordance with federal law, signed by the trial judge, and approved by the plan administrator. You need to have this done before he retires and cashes out his retirement or passes away. Many companies have model QDROs you can get and prepare yours in accordance.
Customer: replied 11 months ago.

I don't know what a QDRO is. Would that be included in the divorce decree?

Expert:  Erin M. JD replied 11 months ago.
No, a QDRO is totally separate from a divorce decree. Your decree will award you the benefits, but you have to have a QDRO to divide it in accordance with federal law. You said he has been in law enforcement. What agency has been employed with, and I will see if I can track down a model QDRO, if one is available online.
Customer: replied 11 months ago.

He works for Las Vegas Metro Police

Expert:  Erin M. JD replied 11 months ago.
http://www.nvpers.org/public/publications/PersDivorceBenefits.pdf this sit gives you more information about the purpose of a QDRO along with a model to help you prepare one for the PERS.
Customer: replied 11 months ago.

I understand about PERS, thank you for that. What about his investments and 401K etc. that were included in the decree?

Expert:  Erin M. JD replied 11 months ago.
The 401k is split up with a QDRO, as well. That QDRO should probably go to the administrator of the 401k. What kind of investments. Stocks? If so, all of these things should pass by a QDRO.
Customer: replied 11 months ago.

One more question and I will end. I appreciate you time. If the QDRO wasn't a part of the decree, I'll probably have to get an attorney to look over the decree, because I know all of his assets are listed. Am I correct?

Expert:  Erin M. JD replied 11 months ago.
You are correct. You will want an attorney to review your decree and prepare the QDRO or qdros for you so they are accepted. Companies will sometimes return them multiple times because you have one or two words wrong, but they won't tell you what needs to be fixed. Also, some attorneys MAY do the QDRO for you on condition that you will provide payment upon upon receipt of the funds.
Erin M. JD, Family Law Attorney
Category: Family Law
Satisfied Customers: 135
Experience: Practice Family Law in Texas
Erin M. JD and 2 other Family Law Specialists are ready to help you

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