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How do I obtain my portion of my ex spouse s pension benefit

How do I obtain my...
How do I obtain my portion of my ex spouse 's pension benefit when he retires, for the time we were married?
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Answered in 6 minutes by:
6/28/2013
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,517
Experience: Licensed Texas General Practice Attorney
Verified

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

When you got divorced was there any "domestic relations order" issued by the court?

Customer:

Yes. Pension is to be divided by a Qualified Comestic Relations Order utilizing the formula as set forth by the MD court of special appeals in Bangs VS. BAngs, 59 Md. App. 350

ScottyMacEsq :

And you know where your ex spouse is currently working, and when he plans on retiring?

Customer:

Yes. Plans to retire July 1st

ScottyMacEsq :

Does the relations order specify that he turn over assets, etc... or that the company or plan administrator do so?

Customer:

Does not specify.

ScottyMacEsq :

Thank you. One moment please..

Customer:

It states that the pension benefits due to him through his empoyer is marital property to be divided by the above order.

ScottyMacEsq :

Essentially what you will need to do is to contact the plan administrator (who should have a copy of the order, but not necessarily) and verify with them your current contact information, where you want payments to go to, etc... If they don't have a copy of the order, you may need to get a certified copy of it from the court and get it to the administrator.

ScottyMacEsq :

Typically pensions subject to QDROs are divided before paid out, rather than paid out and divided by the recipient.

Customer:

So it is up to the admin to figure out the portion due me?

ScottyMacEsq :

Yes. That's why there are actually sophisticated benefits companies that calculate these benefits and administer them, mainly because of the complexities involved. Now if you dispute the amount that is distributed, they typically have a process for the dispute, and if you continue to dispute after they come to a determination, it might have to go back to court, but 95% of the time there's no issue with that.

Customer:

So at this point I don't need an attorney.

ScottyMacEsq :

No. Only if you run into trouble with the administrator and/or your husband, or they give you some issue about receiving this amount, etc... would you want to get an attorney involved.

Customer:

Great news. Thank you!

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

Customer:

OK

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,517
Experience: Licensed Texas General Practice Attorney
Verified
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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,517
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Experience: Licensed Texas General Practice Attorney

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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