Legal Question in Family Law in Florida
Divorce seatlement
I have been divorced for about 10 years now,part of the divorce seatlement stated that I was intitled to 50% or my ex husbands retirement. my question is how do I go about getting my half from someone that does not want to give that up now? where do I start?
2 Answers from Attorneys
Re: Divorce seatlement
Contact the pension fund.
Re: Divorce seatlement
You need to file a QDRO (qualified domestic relations order) with the court where the decree was issued. You will need information such as the name of the retirement account(s), the company, the amount coming to you (according to the settlement agreement), etc. as well as your case number, etc. Once the order is issued by the court, you can send a copy to the company (see with them if they have their own forms they require to be filled out). They will give you options as to what to do with the money. You should also get interest from the time you were entitled to the money to the time you received it (specify this in your QDRO). It's difficult to find forms for this (especially good ones) and it sometimes gets tricky drafting the order. You might want to get an attorney to do this for you. You should be able to find one who will do this for a relatively small flat fee.