Legal Question in Family Law in Louisiana

Can I get a court to forcibly require that my former spouse apply for monetary benefits he's been alloted through his state of Louisiana pension. I'm entitled to receive half of his benefits but he has not applied for them.


Asked on 5/29/11, 10:46 am

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

You can if the benefits are payable now pursuant to the pension language. If they are only payable upon retirement, then you will have to wait. You should have done a qualified domestic relations order (QDRO) when settling your community property. That would determine when you get the money.

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Answered on 5/30/11, 7:23 am


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