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LawTalk, Attorney
Category: Legal
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Question about my retirement pension My question, concerns

Customer Question

Question about my retirement pension
My question, concerns how to insure I receive my percentage of my ex-spouse's pension which she receive from Blue Cross. I was married to ex-spouse from 1970 to 1979, and the divorce decreed was final in January 1980.
I was told that my ex-spouse had cashed out her Blue Cross pension about 1981 or 1982 to purchase a house.
Now I'm about to retire and I was informed that I would be required to pay a percentage of my retirement pension to my ex-spouse. In the divorce decreed document it states, that I must dis-purse a percentage of my pension to my ex-spouse, but it also states that she must provide me with the same percentage of her B. C. retirement pension.
If she has already spent the retirement pension funds from B. C. pension, would it be possible that I have NO responsibility to provide my ex-spouse with any percentage of my retirement pension.
What steps can I take to find out if she has or has not cashed out her B. C. pension
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.

Good afternoon Edward,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I am a licensed CA attorney and I handle family law issues.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a personal phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Let me know if you don't want a call and I will be happy continue here with an answer for you.

Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What state issued the divorce decree?

2. Did either of you prepare QDRO's relating to the division of the pension plans?

3. Are you supposed to pay part of your retirement to your ex, or did the pension plan tell you that they were going to pay your ex directly?

4. Was there a family law attorney involved in the divorce process?

5. How long ago was the divorce?

Thanks in advance,