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Loren, Attorney
Category: Legal
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Experience:  30 years experience representing clients.
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My husbands divorce decree states that he shall get from his

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My husbands divorce decree states that he shall get from his ex-wife, one half of wife's retirement accrued through her employer (no start/end of employment date given). It has been since 1995 that they have been divorced. My husband has been paying her a monthly amount from his retirement since he retired from that employer in 2000. How can he find out if she has retired from her employer? She states that she is working in "registry status" for a hospital, and according to that hospital, she is not allowed benefits.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide excellent service.

Before we begin, a bit more detail would be helpful please.

Does your husband have a QDRO (qualified domestic relations order) issued from the divorce?

Thank you.

Customer: replied 3 years ago.

Not that I can find. Would it be separate from the child support/jurisdictional/property settlement and consent decree?

Customer: replied 3 years ago.

There is a joint property settlement agreement that lists what each will retain as there own following the divorce. In that statement there is a section entitled "Real and Personal Property to be Awarded to the Wife" and "Real and Personal Property to be Awarded to the Husband". In that paragraph is the statement "One-half of the Wife's retirement accrued through her employer (then listing the employer).

Thank you, XXXXX XXXXX following up with me.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

It would be separate and it would be required in order to claim a portion of an ex spouse's pension. It is a the order to present to the plan administrator which would apportion the pension in accordance with the decree.

Check with the attorney who represented your husband in his divorce. Without a QDRO the plan administrator is not authorized to pay out any portion to anyone other than the ex.

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Thank you.

Customer: replied 3 years ago.

There is a section under "Real and personal property to be awarded to husband" which states "One-half of Wife's retirement accrued through her employer" (then lists employer).

Thank you, XXXXX XXXXX the follow up.

Yes, that would for the basis for the judge to issue a QDRO, but you still need that particular order (the QDRO) to present to the plan administrator. It may be in his attorney's file.

Otherwise, your husband needs to go before the family court to obtain the QDRO in order to receive the agreed share of the pension. Your first step, though, is to check with his attorney.

I hope this is helpful.

Thank you.

Customer: replied 3 years ago.

His attorney is no longer in practice, so he would then go to the court with his decree to obtain the QDRO order from the judge? Does it make a difference if she is still working even part time at that same employer?

Yes, that is correct. You may also want to have the clerk of the court order up the original court file from the warehouse to see if anything helpful is in the file.

He would be subject to the same plan rules regarding pay out as the ex. so, he may not be entitled to an immediate payout, but it would be segregated out from the ex's account.

It may be helpful to retain local counsel to make sure this is done correctly. It is not really a "do-it-yourself" type of legal process such as small claims court or a traffic ticket.

There is no reason to have to learn as you go.

I hope this helps.


Loren and 2 other Legal Specialists are ready to help you
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