Legal Question in Family Law in Ohio

Division of 401k and pension funds due to dissolution

My ex-husband has A 401k and a union pension. Is it possible to obtain my share now or do I have to wait until his retirement age? We were married the entire time these funds were established.


Asked on 12/08/97, 7:11 pm

2 Answers from Attorneys

Gerald Hershenson Law Office of Gerald M. Hershenson

Pension Plans after Divorce

I do not practice law in your jurisdiction.However, it is possible for you and yourhusband to share in the Pension Plan as partof the divorce settlement. Howver, you would need a judge to sign what is called a qualifieddomestic Relations Order or Quadro as it iscalled. However, I suggest you seek the adviceof local legal counsel. Under such an order the Pension Plan or a portion thereof wouldbe assigned to you. The plan has to be reviewand it could get very complicated. Suffice foryou to know you are entitled and could be assigned a portion of the pension plan.

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Answered on 12/08/97, 10:26 pm
Robert Friend Robert H. Friend, Attorney at Law

Pension plans of ex-spouse

I don't think I have quite enough information to answer your questions. And I'm not licensed in your state, so I can only tell you what the deal is in my state (NC), which may or may not be the same as OH. In NC, any claim that you would have on his retirement funds would have to be taken care of before the divorce is final. After that, it's too late, unless you followed certain procedures (which I won't go into here). Whether you could get your share of the funds would depend entirely, I believe, upon WHAT THE INDIVIDUAL RETIREMENT PLAN ALLOWS. Find out who the plan administrator is and ask them what rights you have. Otherwise, you'll probably be forced to consult an attorney. Your divorce documents may give you a clue or two also.

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Answered on 12/09/97, 1:46 pm


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