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Related Family Law Questions
If the ex wife never files the QDRO order with the court,
If the ex wife never files the QDRO order with the court, and the ex husband remarries, does that forfeit the ex wife's right to get any of his retirement benefits? Therefore allowing the new wife to … read more
LegalGems
LegalGems
Juris Doctorate
14,525 satisfied customers
My divorce was in 2010, I received 50% Survivor benefit from
My divorce was in 2010, I received 50% Survivor benefit from my husband pension and nothing else from the pension. … read more
Ray
Ray
Lawyer
Doctoral Degree
48,511 satisfied customers
My wife and I are mediating our divorce and I have decided
My wife and I are mediating our divorce and I have decided to split my CA State PERS retirement account 50/50 with my wife. The mediator says I will need a joinder and QRDO prepared by an attorney. Wh… read more
Ray
Ray
Lawyer
Doctoral Degree
48,511 satisfied customers
With regard to the QDRO is the amount based on the amount of
Hello. With regard to the QDRO is the amount based on the amount of the pension at the time of divorce and the not the remaining years following the divorce until retirement?… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
Good evening, I divorced my military ex husband in 1996
Good evening, I divorced my military ex husband in 1996 after 8 1/2 yrs of marriage. He entered the military in 1994 and now after 31 yrs in the service he is retiring. My divorce decree states, " wif… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,624 satisfied customers
I am (fers)retired. I was divorced about 20 years ago. The
I am (fers)retired. I was divorced about 20 years ago. The OPM will not honor the QDRO. In my divorce decree it Say's ( It is further ordered adjudged and decreed by the court that respondents pension… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
1,494 satisfied customers
I retired a couple of weeks ago from the Post Office under
I retired a couple of weeks ago from the Post Office under CSRS offset and my divorce was final in March 2007. My ex never filed a Qdro or Coap with OPM. The language in my MSA is not very concise. Qu… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
1,494 satisfied customers
I am scheduled to retire on December 1st, 2015 and I just found
I am scheduled to retire on December 1st, 2015 and I just found out that my ex-wife's attorney issued a QDRO against my pension plan. I did not agree to this in my divorce decree, nor do I know what t… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,624 satisfied customers
Im divorced and getting ready to retire at age 51 from United
I'm divorced and getting ready to retire at age 51 from United Parcel Service. My divorce papers say that QDRO to wife 50% of martial share of husband's 401K and pension, Wife's share estimated at $43… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
A Settlement Agreement in a Divorce Decree in Colorado contained
A Settlement Agreement in a Divorce Decree in Colorado contained a provision that the wife would get a portion of the husband's retirement, commencing with this retirement. The husband forgot to make … read more
lwpat
lwpat
Doctoral Degree
6,615 satisfied customers
In a Community Property Divorce law State , would a QDRO (funds
In a Community Property Divorce law State , would a QDRO (funds not received as of yet, as such, will remain a QDRO for 3 more years) from my first marriage be subject to a 50/50 split should a divorc… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
1,494 satisfied customers
My ex is refusing to sign the QDRO...which I need to get signed
My ex is refusing to sign the QDRO...which I need to get signed by a judge and returned to Fidelity. I assume a court order will be required...I do not have an attorney, but I know I can do this pro s… read more
Joseph
Joseph
Attorney
Doctoral Degree
7,245 satisfied customers
Husband and Wife are in process of divorce. Both worked for
Husband and Wife are in process of divorce. Both worked for General Electric and both are retired and have pensions. ( Wife is only 59-she retired due to work injury) Husband wants a clause in the div… read more
Law Educator, Esq.
Law Educator, Esq.
126,990 satisfied customers
I was married August 1980. My divorce was final in September
I was married August 1980. My divorce was final in September 1991. I was employed at Ford Motor Co from October 1971 to my retirement in July 2010. My ex spouse's attorney never filed a QDRO. When I r… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
How to calculation pension of spousal support He is 52
How to calculation pension of spousal support? He is 52 and she is 51. Married 25 years with three children (two adults and one 17). She stayed at home for 20 years and got a contractor job on and off… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
In a QDRO there is a formula for determining how much an ex
In a QDRO there is a formula for determining how much an ex gets from a pension. My husband's ex wants a portion based on what he earns for his work career. Isn't she entitled only to a portion of wha… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I divorced my husband in 1984. It was an abusive marriage and
I divorced my husband in 1984. It was an abusive marriage and he threatened to have me killed. He tied me up in court for years before he agreed to the divorce. I left Philadelphia because I feared fo… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
1,494 satisfied customers
My husband has never actioned the QDRO that was agreed ...
My husband has never actioned the QDRO that was agreed in our divorce decree. What is the statute of limitations to file the paperwork for a QDRO? If I retire before he files, can he recover the fundi… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
1,494 satisfied customers

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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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