Is your ex husband refusing to retire and keeping you away from your share of his pension? Contact our experienced Albany Divorce Attorney for help with your QDRO.
Question:
Is there anything I can do? Throughout our divorce process my now ex insisted that he was retiring this year, in August. The divorce settled in the beginning of July. All the pension information, QDRO, etc. was based on the fact that he was retiring. He did not retire. Do I have any way of getting back some of the money, since he did not retire and now has a very high income.
Answer:
The division of a marital asset, including retirement is measured from the date of marriage to the date of commencement of an Action for Divorce (or execution of a Separation Agreement absent a divorce proceeding). However, the benefit of an Agreement is that people can agree to things they would not ordinarily receive under the law. Unfortunately, without knowing what the Agreement says as to how the cut-off date for the division of the retirement asset, it is not known whether you are already protected under your Agreement or whether you may need to seek Court Intervention. An attorney would need to review the agreement in order to advise you whether you have recourse and what it would be
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This legal question was provided by Avvo and answered by Katrin Falco, an experienced Albany Divorce Attorney in Saratoga County. This does not consent an attorney client relationship.
