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I have been divorced 21 years ready for retirement. I did…

Customer Question
I have been divorced...

I have been divorced 21 years ready for retirement. I did not file a qdro for husbands 401K pension. I didn't know I was supposed too. Will I still be able to get my part of pension without it.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Michigan

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes today. He said the statues of limitations is 10 yrs. My ex received papers from pension stating that they wouldn't pay him unless I sign off. I know he will not sign a qdro without long battle in court.

Submitted: 10 months ago.Category: Family Law
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Answered in 4 hours by:
10/3/2017
Family Lawyer: RayAnswers, Lawyer replied 10 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,870
Experience: 30 years as a family law lawyer .
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 10 months ago

I am going to have give you honest and hard answers here.Please don't shoot the messenger.

Michigan law does not allow anyone to sleep on his or her rights for an extended period of time. According to MCL(###) ###-####3), the statute of limitations is 10 years for any actions brought on a judgment or decree by a Michigan court. A QDRO is a decree (an order) by a Michigan court and is therefore subject to the 10-year limitation period. So yes if he doesn't agree to t his you are beyond the SOl to enforce it and get a QDRO.I am so sorry I wish I could give you better news.Again I am so sorry Michigan law which I reference is really strict on this.I hope you want honest answers here even if it is not good news.

I just don't see anyway to enforce this.If you had a lawyer here at time of divorce this would be malpractice to not get you such a QDRO order because o f the time limits.

Reference

https://www.michaelarobbins.com/Blog/Do-Not-Wait-to-Enforce-a-QDRO.shtml

Thanks for the chance to be honest, if you can positive rate 5 stars for my time to research this it is much appreciated.

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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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