Legal Question in Family Law in Massachusetts

Qdro?

My Ex's attorney prepared a draft QDRO for the Pension on which he is the principal.

There are certain provision stating what I, as Assignee Payee, can and cannot do (such as not making any withdrawals until my Ex reitres)

1)Do I have any say in what goes into the QDRO or does my Ex have the say since he is the principal.

Thanks


Asked on 1/10/07, 10:32 pm

2 Answers from Attorneys
Nicole Reeves Lavallee Reeves Lavallee, P.C.

Re: Qdro?

I would agree with Attorney Lebensbaum regarding the terms of the QDRO as it relates to withdrawal. The terms must be the same terms as your ex-husbands. You have the same rights that he does and if he cannot withdraw then neither can you. Generally any QDRO is going to be issued having the some language that whihch states the money cannot be altered until the principal retires or reaches a certain age. Some companies, but very rarely, allow you to immediately withdraw but most do not. It is not your ex that decides this it is the company.

If you have any other questions please contact either your attorney that you had during the divorce, who should have read and approved the QDRO or not, or contact my office.

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Answered on 1/11/07, 8:25 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Qdro?

Most QDROs are standardized by the company that issues them.

If there are terms that you believe that you cannot live with, there are decisions to be made, about the cost and benefit of seeking changes.

A guide to what your rights are, in part, is the order or stipulation in your divorce.

You may also want to contact your divorce attorney. If there is ambiguity, you may have to seek a clarification from the judge or from the court.

If you have any questions, or need assistance, please contact me.

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Answered on 1/10/07, 11:33 pm


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