Legal Question in Family Law in Maryland

clarifying order for divorce decree

My divorce became final over nine years ago and I am entitled to the marital share of my ex-husbands pension. The courtorder dont specify any amount or procentage to determine the amount of what is awarded under the act (military). My ex is now retired and my question is, do I have to obtain a new lawyer and file any kind of papers to receive my marital share or can the clerk of the court file those papers for me ? I was told to get a clarifying order to receive my payments.


Asked on 4/04/09, 11:32 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: clarifying order for divorce decree

The clerk of the court doesn't do this. Your judgment of divorce should have specified this, in terms of a percentage of the ultimate benefit upon his retirement. You'll have to get an attorney to file a petition to get the court to issue the appropriate court order to be submitted to the pension plan administrator so they will start deducting your share and send it directly to you. This should have been done at the time the divorce became final.

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Answered on 4/06/09, 10:12 am


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