Legal Question in Family Law in New Jersey
Divorce and Pension
During my present husbands first divorce the subject of his pension was brought up. The attorneys agreed that a QDRO would be responsible in figuring out what his ex wife was suppose to receive. My husband was told to submit half of the QDRO's fee to his attorney which he did. His now ex was told the same thing and she never did. Nothing was figured out because she failed to turn in her part of the fee. Does she still have a right to come back once he retires and get half his pension? She is not remarried. Thank you
2 Answers from Attorneys
Re: Divorce and Pension
Answering your question requires a careful reading of the final judgment of divorce and provisions of the judgment or property settlement agreement which bear upon the pension.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Divorce and Pension
QDRO's are required when the pension being allocated is subject to ERISA. The problem his ex-wife faces is that if a QDRO isn't entered she won't get her share of his retirement.
Your husband should contact his lawyer to file a motion that if she doesn't get the QDRO entered by a set date that she isn't going to be allowed to file whenever she gets around to it.
{John}
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