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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110503
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My ex was to get a QDRO for a pension of mine with a company

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My ex was to get a QDRO for a pension of mine with a company I worked for 4 years.
Last year I lost my job and cashed out my pensions in order to survive. She never did do a QDRO for the pension and to be honest at the time I lost my job I certainly wasnt thinking of what my divorce papers had in them 7 years ago. Now she hired an attorney to recover what is hers.
I have no problem surrending her pension back to her since I had a QDRO done a few years ago for her pension....the reason Im willing to give her her pension is that I am Still unemployed and only have a couple thousand in the bank to live off of...I have no assests...
What can I do
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, even though she did not have the QDRO filed if the court did order she was to receive a share of your pension I am afraid you are going to have to settle this with her as she is entitled to that money. It would be an acceptable settlement to the court if you and she agreed upon you giving up your rights in her pension as an exchange for her releasing her claim on the pension you took from her. You need to put a written offer to settle to her attorney offering to give up your interest in her pension in exchange for her dismissing her claim to recover her share of the pension you took, BUT BEFORE YOU DO THAT, while I know money is tight now and you are looking at this very narrowly and not into the future you need to think about what you will be losing in the future by giving up your share of her pension and you may want to find a way to pay her what you should have paid her when you cashed out (even if you have to offer a payment plan) because you might be sorry later when your right to collect your share of her pension is effective because when you are older you may need that pension to supplement your income.

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Customer: replied 2 years ago.

Will her and her attorney need to calculate what she would have been entitled. The our divorce was complete in 2006 ...I started the company in 2002....Dont they need to calculate what she would be entitled to based on 4years of employment

Thank you for your response.

You have to refer back to the initial court order awarding her the share of the pension to calculate the amount she should receive based on what you took out of the pension, yes.
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