Legal Question in Family Law in Maryland

Re: Is it beneficial to file for a ''Quadro'' for pension?

MD law requires a court entering a divorce to make a decision regarding marital property, which includes pension benefits, at the time of the divorce, or within 90 days thereafter, unless the parties agree on a further extension of time within the 90 days. If you failed to make a claim for your share of the military pension at that time, you've waived your right in it. If the divorce decree contained a provision that you receive x% of your ex's pension when he retired, that decree should be filed with the military pension benefits office and they will start sending you your share of the pension directly.

Re: Is it beneficial to file for a ''Quadro'' for pension?

The other lawyer is right. Whoever told you that you could file a QDRO or a Qualified Domestic Relations Order for someone's work assets or pension years after a divorce decree is entered, was grossly incorrect. The right to get a share of it must be by court order. If your divorce decree allows you to get a portion of it then you may do so only at the tike of the decree or if the decree grants extra time to keep the issue open. Then a Judge must sign a QDRO so if your case is closed this is further trouble.

Have a lawyer review your decree to see what rights you still maintain.

Good luck.

Re: Is it beneficial to file for a ''Quadro'' for pension?

In order to have a qualified domestic relations order you must first have a domestic relations order that was issued through the divorce. This is part of the "paperwork" that was issued for your divorce. An attorney should review these documents to ensure that you are not foregoing any legal benefit.

If an domestic relations order was not granted as to the pension asset your only recourse would be to show that a fraud was committed. You should contact an attorney for a review of your case.