Legal Question in Family Law in Florida

Question

I was divorced in March 17, 2009 married June 1987 my hourly retirement and hourly 401K plan shall be divided pursuant to the Boyette Formula and QDRO if necessary. I was offered a company (salary) job in September 2007, I was not vested (means I had to wait 3 years to get (salaried) company retirement and (salaried) company 401K Plan. So the day I was divorced March 17, 2009 I did not have the rights to a salary retirement or a salary 401K Plan investment until I became Vested in September of 2010. By Law does this mean my ex-wife does not have the right to receive any of my salaried retirement or my salaried 401K Plan and should only receive part of my hourly retirement and hourly 401K Plan, is this true?


Asked on 5/28/13, 12:42 pm

1 Answer from Attorneys
John Smitten Carey and Leisure

She gets one half of the marital prtion, which is most likely one half of the whole thing. I would need to review your documents.

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Answered on 5/28/13, 1:06 pm


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