Legal Question in Family Law in Utah
Hi my name is Dano and I have a very important question. I was married for 22yrs. and divorced for 20yrs. went we got divorced my ex wife was awarded 9000.00 dollars from my retirement, when I retire. I was getting ready to retire from my job of 40yrs.My ex wife was told that the law had changed 6yrs ago and now she will take half of my retirement instead. Is this right and can I counter claim and ask for some of hers? not fair at all.where can I read on this new law that was passed. In Utah.
2 Answers from Attorneys
If your divorce decree specifies an amount she is to receive, then that is all she gets. There is no new law. The law on this issue is that a spouse is entitled to receive one-half of that portion of the other spouse's retirement that was acquired during the marriage. They're not entitled to receive anything earned either before the marriage or after the divorce.
If the divorce decree states that she is to receive $9000 you need to have a qualified domestic relations order drafted, signed by a judge and filed with your retirement manager. She does not get 50% when there is a court order stating a different amount.
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