Legal Question in Family Law in Michigan

Re: ERISA employee retirement income security act amendment

Why are you posting this question on a forum such as this? Ask your lawyer! Your husband's attitude clearly reveals that you need one! However, your husband is running a scam on you. There are restrictions on the division of a state employee's pension. However, the statute provides ways of getting around them. Additionally, some jusges will take the position that if there is a problem accessing a pension plan, they will simply award the non-employee spouse a larger share of the property settlement. These are all matters you should discuss with your attorney. John C. Talpos (http://www.mich-layer.com)

Re: ERISA employee retirement income security act amendment

Dear Madam:

This is in response to your email of July 18, 2001, which this office received on July 18, 2001.

I am unaware of any amendment to a law that would prohibit an Eligible Domestic Relations Order (�EDRO�) to be implemented during a divorce proceeding. An EDRO is similar to a Qualified Domestic Relations Order, but it applies to federal, state or local government retirement plans. Generally, a spouse is entitled to � of the marital portion of the other spouse�s retirement plan. However, before I can advise you more fully I would have to review the specific retirement plan to determine the qualifying events that would entitle you to your share of the proceeds. As you can imagine the statutory language and the plan requirements are complex and, at times, somewhat vague.

Sincerely,

Michael D. Eberth

(313) 561-5700

[email protected]