Legal Question in Family Law in Louisiana
Divorced - union pension question
Hi, I have been divorced from my husband of eight years since 1994. At that time, I was working for the judge that signed our Judgment of Divorce (Louisiana). In our papers I stated that all community property had been amicably divided. At that time, I was not thinking of his union pension. He has since remarried and in very poor health with cancer, and I wanted to know if I am entitled to a portion of that pension for the time we were married. Louisiana is a community property state. The pension is through the Laborers Union which I believe is still in homed in Texas. Thanks for any input.
3 Answers from Attorneys
Re: Divorced - union pension question
I agree with Mr. Casanave. Yours is not the first time this question has arisen.
Re: Divorced - union pension question
If you agreed that the community property was settled, the pension belongs to your former husband. After he passes away, the pension will go to whomever is his death beneficiary.
Re: Divorced - union pension question
I'm going to disagree with Mr. Louque. A few years ago I represented a man who had settled community property at least 10 years before. The Court ruled because the pension was not available until retirement it was subject to a QDRO (Qualified Domestic Relations Order).
Before the Court ruled I had done the research and the Judge's ruling was consistent with existing Louisiana Law. I tried to get the judge to role differently but his ruling was legally correct.
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