Legal Question in Family Law in Massachusetts
Trying to rewrite Divorce Degree, re: QDRO
My ex was awarded 50% of my state retirement 11 months ago.
His lawyer drew up the divorce decree and wrote in ''Wife shall choose Option C for at least the husband's share of the retirement.'' There was no trial.. we both signed.
On May 11th, my ex remarried. Option C is only good if the ex-spouse remains unmarried.
On May 26th, after 11 months, I was sent the QDRO to peruse. It now reads ''Wife shall choice Option C (or Option B, should the alternate payee remarry). He had already been married two weeks, when I received The QDRO).
I am refusing to sign and they are taking me to court. I am wondering if the Judge will allow them to change the wording in the decree and pick another option that allows him my retirement even though he is married; and if I am just wasting my time. Thank you
1 Answer from Attorneys
Re: Trying to rewrite Divorce Degree, re: QDRO
The answer will depend on the settlement agreement that you both signed, and whether it was incorporated or survived. You need an attorney to defend you on this matter. Normally, the division of property is finalized at the time of divorce, and is not subject to changes afterwards. This may be the case in your matter, or it may be thatthe agreement specified that half of the retirement was to go to your X. An attorney can tell you what the Court is likely to do.
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