Legal Question in Family Law in Louisiana
I have a Qualified Domestic Relations Order which was made in order for me to obtain half of the benefits from my former spouse's pension from Louisiana State Retirement System. The order says that I'm entitled to a percentage of benefits available in his name. The problem is he has not applied to receive his due benefits, and he could receive them now, or wait till he's older since he now works in another state. Can I, as a named beneficiary, force him to apply (it's a simple process). He's been told to apply, even if he chooses to wait to receive the benefits later but refuses to do so. Can he be forced?
Asked on 5/30/11, 2:51 pm
1 Answer from Attorneys
Martha Amanda Mandi Lucas
Mandie Seale Lucas
There are penalties but you can receive your portion of the benefits.
Answered on 6/01/11, 2:17 pm