Legal Question in Family Law in Kentucky
Qdra
My divorce papers state when he retires I get 50% of his retirement, Fidelity with Ford says when his commencement date of retiremet in Nov. 2018. Do I have to wait till then? He has been retired since April of 08.
2 Answers from Attorneys
Re: Qdra
The question is what does the QDRO (qualified domestic relations order) say. It might not be consistent with the settlement papers or other order of the court. Fidelity has to go by the QDRO, so if they are inconsistent, then you have to go back to court to get a modified QDRO.
Re: Qdra
Retirement beenfits in a divorce are complicated and you need an attorney with experience to review your settlement agreement and the terms of his retirement. If he is retires already, you may be entitled to a portion of his benefit now or may have a cause of action to have the court review the retirement provisions.