Legal Question in Family Law in New Jersey
Awarded part of pension in divorce
I was awarded part of my ex-husbands pension at the time of our divorce. We were married three months shy of twenty years. He can collect next year at age fifty-five. Can I collect a lump sum sooner or must I wait for monthly payments upon his fifty-fifth birthday? I would love to have the money for my youngest son's education, something my ex-husband is not helping with. Is there a way to contact the Teamsters Local he was attached to at the time and have this done? How do I find out what the cost of living increases were over the years? He separated from the company in 1987. The letter sent to him at that time stated his benefit at age 55 was to be $1,069.00. He started employment there in 1970, we were married in 1977 and divorced in 1997. What are my options? Thank you in advance for any help you may render me.
1 Answer from Attorneys
Re: Awarded part of pension in divorce
Your questions can only be answered in the context of what Orders were issued at the time of your divorce, presumably the Qualified Domestic Relations Order (QDRO). I would suggest that you provide same to the Human Resources Department of your ex's former employer and see what you can find out. If a QDRO was never ordered, you should immediately seek the advice of an attorney. Keep in mind that this advice is based purely on the little bit ofinformation that you have given to me. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with an attorney. I would be happy to discuss this matter with you if you would call me at 856-546-8010. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner