In a regular, straightforward divorce
, the two parties were married for 8 years. No children or significant events subsequent to the marriage
have occurred. Husband has a vested pension for life with no lump sum provision nor any provisions such as continued pension benefits if husband precedes wife in death. Value of monthly pension amount is fixed and there is no provision for pension to increase or decrease and pension ends upon death or working spouse, the husband.Separation
occurred almost a year ago and divorce proceedings were filed by wife at about that time. Husband stopped working, filed for early pension which is approved just the amount decreases. He has been living off his reduced pension since age 59. He is 61 today.
Wife's attorney has never filed for a pre-determined qdro. Husband worked for an employer who paid all pension contributions for 25 years and they were married for 8 years out of the 25 so wife should be entitled to close to a 33% +/- distribution of pension which is already been being paid to husband only for 2 years. Wife has received nothing to date. When should the wife's attorney submit a first round of the QDRO? I worked for same employer, under same terms, regards ***** ***** EX-wife's attorney filed initial qdro within 2 months of separation. Knowing the pension administers issues, it took 5 submissions of the qdro before accepted. I now know exactly what they want. I my case in same situation just a year ago, in INDIANA at the very first contact by wife's attorney of a pending divorce, Plan deducted my Ex-wife's share immediately and put in in an escrow-type acct. I did not receive these funds nor did wife, but plan admin. stated that it was their absolute policy that upon first notice a dissolution is in the works, they must take wife's share (or non worker's)and hold it. Our divorce was final 6 months later. I continued to get only my same portion of my pension (75%), but ex wife did not receive proceeds that were in escrow by plan admin. some $6000. I contacted plan and asked why neither I nor my Ex wife had received the escrowed funds. They only required a copy of the decree which took no issue of a normal apportionment which was 75% to me and 25% to my Ex based upon years of pension accrual and years married. To my surprise, they sent funds to me. I signed check over to her as I felt the concept was correct. In case I described since I know plan admin meets only once per month to consider qdro application, it was good we filed early so that by issue of decree, qdro was approved. Should the non-pensioned person not get application is as soon as separation? Ex husband could pass while attorney play another year. No? What justifies waiting on a fixed pension a day longer than the law provides?
The divorce was filed a year ago that I am writing about, and just yesterday wife's attorney had finally received husbands statement of assets and liabilities. Husband continues to life in home, wife has no chance for split of homes equity. Time for new attorney?