Legal Question in Family Law in Nevada
according to my divorce papers drawn in 2003 I am entitled to recieve Community intrest in my ex husbands pension. He is retiring in January. What must I do? What is "community intrest?"
2 Answers from Attorneys
You will probably need to obtain a Qualified Domestic Relations Order for the Plan Administrator to pay you your community interest. You may need to hire an attorney who does QDROs to obtain this Order through the Court. Your community interest is usually based upon a formula which considers the number of years you are married as the numerator of the fraction and the number of years of retirement eligibility as the denominator of the fraction, divided by 2.
Mr. Smith is correct -- and you should act very quickly, as certain retirement/survivorship options are available only until your ex retires, and might be lost entirely after that. A great deal of information is posted at http://www.qdromasters.com/ and http://www.willicklawgroup.com/home. But the bottom line is that you should consult with expert counsel on retirement matters, ASAP.