Legal Question in Family Law in Florida

FL Retirement of a divorcing couple

My husband of 26 yrs and I are

getting a divorce. I heard he can

take out his FRS retirement out

and reinvest it into another plan,

and that I can't touch it.I know that

I am entitled to half of this.If he does this how do I get my half? We

are talking about half of 650,000

dollars.I don't want the other woman to share my hard earned

retirement after all the years I gave

to this man. He is a deputy and I

lost a lot of sleep waiting for him to

get home safe to me and our 4 sons. Please tell me can't do this to me.What can be done????????????


Asked on 8/06/07, 7:29 pm

1 Answer from Attorneys
Marie-Anne Oatley

Re: FL Retirement of a divorcing couple

To receive equitable distribution on a retirement account, a divorcing spouse/party must have the judge sign a "qualified domestic relations order." SOME accounts are not touchable but not many. If you don't already have an attorney, you should consult one at least on this issue (QDRO). You have to have the information concerning the exact plan and how much is owed to you (according to your property agreement). You or your attorney will have to contact the plan administrator after the order is signed in order to get actual distribution.

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Answered on 8/07/07, 1:08 pm


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