Statute of Limitations on a Divorce Decree
Is there a statute of limitations on a divorce decree that was never signed? Read the answer in this blog by Jean Mahserjian, one of our experienced Albany QDRO lawyers for guidance.
Is there a statute of limitations on filing for agreements made in a divorce decree?
I was divorced 13 years ago. My spouse was awarded 50%of my pension for 10 years, the length of the marriage. Now that I have retired, I found out her lawyer never filed those papers.
Her attorney could file a Qualified Domestic Relations Order now. Does she know that you are retired and that she has no Order giving her her share of the pension?
When couples divorce, the assets they’ve reserved for retirement can be divided proportionally without tax liability under ERISA, the federal statute that regulates retirement benefits. Whether your retirement plan is a defined contribution or a defined benefit plan, you will need a qualified domestic relations order (QDRO) signed by a judge and accepted by the plan to effect a division of the marital portion of the fund. The divorce attorneys at Jean M. Mahserjian, Esq., P.C. have vast experience obtaining QDROs and interfacing with plan administrators to secure a division of the funds.
To speak with one of our knowledgeable Albany QDRO Lawyers at Jean M. Mahserjian, Esq., P.C., contact us today. We will be happy to answer your questions and schedule an initial appointment at our Clifton Park office. You can also schedule an appointment by contacting us online.