A divorce judgment or agreement that divides retirement benefits may still require a Qualified Domestic Relations Order (QDRO) before a plan will pay the alternate payee. Delay does not necessarily eliminate the claim, but timing, plan rules, and the wording of the judgment matter. An attorney should review the decree and retirement plan documents before either party assumes the benefit can no longer be divided.
Question:
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.
Answer:
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?
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Albany QDRO Lawyer. This does not consent an attorney client relationship.
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 Mahserjian & Mahserjian-Ortiz, PLLC 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 Mahserjian & Mahserjian-Ortiz, PLLC, 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.
Have questions about an older divorce judgment or retirement order? Learn how our New York QDRO attorneys can help, or contact the firm for guidance about your situation.
