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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116715
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I need a lawyer familiar with pennsylvania family law. my

Customer Question

i need a lawyer familiar with pennsylvania family law. my husband recently retired at 59.5. he has started to receive his pension checks. his ex-wife, he divorced 14 years ago has just now filed a QDRO on his pension. her first attorney during the divorce is deceased and she has obtained a new one. is there any statute of limitation on pa. QDROs? do we have any recourse not to pay her in this matter. its unknown if we can; but if we could pull the whole pension and re-invest it; would that be legal and saying i dont know if thats possible.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid if any of the pension was earned or paid into during the course of that first marriage, she will have legal rights to the QDRO. There is no statute of limitations to file for a QDRO if the original property order in the divorce did not waive rights to the pension. So, if the property order does not mention pension, the ex can come back at any time to request their marital share of the pension by filing the motion for the QDRO.
You cannot pull the money out of the pension, the court would make you return it and pay her share. You are not going to be able to avoid this at this point, only fight over the amount of money she is seeking and try to reduce the amount she will receive through negotiations.