Legal Question in Family Law in Maryland

Divorce

If the divorce settlement doesn't exclude it, am I entitled to collect from my ex-husband's pension (we were married 13 years) even though I have remarried? He is a former

Bethlehem Steel Management employee.


Asked on 12/17/02, 10:24 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Divorce

You should have sought a specific award of a share of your husband's retirement plan at the time the divorce was entered. The pension plan administrators require a divorce court to sign a Qualified Domestic Relations Order (QDRO), which is an order directing the plan administrator to divide up the pension benefits a certain way and distribute them directly to the employee and the ex-spouse at such time as the employee becomes entitled to receive the benefits. Although you didn't say how long ago you were divorced, it may be too late to seek a QDRO, unless the decree "reserved" as to this issue.

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Answered on 12/17/02, 3:19 pm


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