Q: I have been divorced since May of 2009 my settlement agreement entitles me to 50% beneficiary of my ex husband's Pension, Retirement, and Deferred Compensation. He plans on retiring at 66 he will be 63 this year. My question is if he should he pass away before he retires am I still entited to 50 percent of his defined plans? Should I get QDROS done asap?
A: You should have the QDRO done now as if he retires early, or something else happens, the plan won't know you have any right to a portion of his pension. Additionally, whether you are entitled to receive a portion of the deferred compensation depends on the wording of the settlement agreement. -- David Bliven, Westchester Divorce lawyer (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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