Legal Question in Family Law in Maryland

I was married to a MD police officer for 17 yrs, divorced him in 2002, had my lawyer draft a Quadro for me and submitted it to the Pension retirement administrator. Needless to say, the EX died two weeks before his official retirement date and I am being told that I will not receive any monies because he died before retirement. He had remarried( 8 yrs). I know he contributed monies from his pay into the plan and I would like to know if I can be awarded 1/2 of the money. DTW


Asked on 9/27/10, 8:38 am

1 Answer from Attorneys

Richard Lebovitz Richard D. Lebovitz, Esquire

I strongly suggest you contact a Maryland family law attorney or your prior attorney and obtain a copy of the divorce decree and your former husband's pension plan to determine whether he had elected or was ordered to elect a survivor benefit for you. If he did not elect a survivor benefit option for you, then you are out of luck. If no survivor benefit, then, his pension is most likely an if, as and when pension. You get your marital share, if, as and when he collects his pension. If he dies prior to or after retiring, your benefit stops.

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Answered on 11/04/10, 1:49 pm


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