As an experienced Saratoga Divorce Attorney, I often speak with clients who have been divorced for awhile, and not receiving their share of their compensation plan.
- Clients may have been divorced for 5, 10, or 15 years – or even longer – but the marital pension or deferred compensation plan was never divided.
- If the plan no longer exists, a significant court skirmish will be required to determine how best to address the rights of the spouse who didn’t receive their share. If the plan does exist, other problems may arise.
- In the case of a profit-sharing 401K or other deferred compensation plan, appreciation may have accrued on the non-titled spouse’s share, but they may not be entitled to that appreciation depending upon the divorce agreement was written – or the judgment rendered.
- Detailed exploration of those rights can uncover significant difficulties for the party not titled to those funds.
Are you not receiving your share of your spouse’s compensation plan because of QDRO matter? Contact dedicated Saratoga Divorce Attorney Jean Mahserjian for help.