Attorney & Law Firm Directory Verified US Attorneys
Sign In Free Sign Up

What is a qudro? and am I entitled to pension?

Employee Benefits 5 views 2 answers
My ex is retiring and I was told I was entitled to part of his pension. I was first legally seperated and then divorced. My divorce papers say to follow the order of the separation papers, which I do not have, it has been 24 years now. I have received child support and marital support until I remarried and half annuity back in the day. He bothered me to get the papers done I guess he meant qudro. When I couldn't because I was not in the state he took it upon himself to get this done, he desperately wanted to make sure he received it soon. Now out of nowhere he says " oh Im not entitled and I don't need to sign anything" How true can this be. Being I was awarded half annuity I would figure also pension and his union gave him the documentation for me to fill out. I know I need the seperation papers. How do I get them? And I need a Lawyer.

Attorney Answers

2
Carla Mckain ·
ERISA governs the division of retirement benefits because of divorce, and that must be done through a QDRO, a very specific type of document. It does not matter what the divorce order says if you never got the terms in a QDRO, which has to be approved by the retirement plan administrator to be official. You need an attorney who understands ERISA and how to draft QDROs. It is not necessarily too late to do, but the benefits you can receive BEFORE he retires are much better than those you could get AFTER he retires, so you should act soon.
0 upvotes
Mary Katherine BrownFamily Law AttorneyBrooklyn, NY ·
Yes, you do need a New York Family lawyer to help sort this out for you. A QDRO is an order that allows the plan administrator to apportion retirement benefits to an alternate payee, such as a former spouse or child. Whether one is necessary in your situation depends upon numerous factors too complex to fully review in this forum. I strongly suggest you consult with an attorney immediately to ensure that you receive all that you are entitled to under the terms of any valid agreements and current New York law. You can find contact information here on who can help you. Good luck! I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated.
0 upvotes

People Also Asked

Under FL employment laws are part time employees entitled to any benefits… 0 answers Can I be 100% vested in 401K employer contributions if laid off 10 days before 5 yr annive… 0 answers Can my employer withhold past month's commission after I quit?… 0 answers How much tax will I pay if I take a lump sum distribution from my fathers pension death be… 0 answers In CA, is it legal for an employer to mandate that you have to take a week off to lower yo… 0 answers Can I claim unemployment compensation for having my hours cut from 40 to 24 a week?… 0 answers

Browse by Practice Area

Litigation 203,510 attorneys Real Estate 156,159 attorneys Personal Injury 149,024 attorneys Criminal Defense 99,634 attorneys Family Law 95,894 attorneys General Practice 90,854 attorneys Business Law 84,818 attorneys Business 82,448 attorneys Criminal Law 72,552 attorneys Intellectual Property 61,381 attorneys

Browse by State

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii