Can She Petition For Retirement Benefits After Divorce?

divorce lawyer Kirsten ReneauQuestion:

I have been divorced for years, but my ex-wife has petitioned to start receiving my retirement benefits even though I am at least another five years away from retiring.

Is there any way I can defend myself from this?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Wisconsin divorce laws where I am licensed to practice.

If a party is awarded any interest in the other party’s retirement benefits, the details of how the account is to be divided should be outlined in the divorce decree.

Depending on the type of retirement plan that a party has, a Qualified Domestic Relations Order may be necessary to divide the interests in the account (QDRO).

A QDRO is a legal document created to direct the retirement plan administrator to divide the benefits as set out in the divorce decree.

The portion that your ex-wife is entitled to may very well depend upon the laws of your state as well as the terms of division outlined in your final divorce decree.

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Divorce and QDROs

In addition, depending on the types of benefits that were subject to division, the plan may dictate how and when she is able to receive the benefits.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Madison Divorce Attorney Kirsten K. Reneau, please contact Cordell & Cordell.

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