My question involves a marriage in the state of: new York
My wife was divorced from her first husband in 1998, during the divorce proceedings each spouse was awarded half of the other spouses pensions that had been earned during the marriage. Both spouses have since left these jobs and moved to other employers.
Recently due to becoming disabled after a bad accident she was looking into the availability of her various pensions and found that she still needed to have a QDRO order filed against her EX's pension and also that he needed to file one against her plan.
I understand that the answer to many of these questions may depend on how the QDRO was written, so for now lets assume that it's a fairly standard type QDRO.
Her Ex had completely forgotten that his pension was going to be split with her, so when he got notification that she had filed the QDRO he was livid. We have heard through the kids that he says he's going to work till he dies so she doesn't get any money from his pension.
1. Can he refuse to file for his pension to keep her from getting her portion?
2. What happens if she files to start drawing her pension that he was awarded half of before he files the QDRO against her pension? Would she get the full amount till he files then have to own back his half once he files or would his half just start at that point?
My wife was divorced from her first husband in 1998, during the divorce proceedings each spouse was awarded half of the other spouses pensions that had been earned during the marriage. Both spouses have since left these jobs and moved to other employers.
Recently due to becoming disabled after a bad accident she was looking into the availability of her various pensions and found that she still needed to have a QDRO order filed against her EX's pension and also that he needed to file one against her plan.
I understand that the answer to many of these questions may depend on how the QDRO was written, so for now lets assume that it's a fairly standard type QDRO.
Her Ex had completely forgotten that his pension was going to be split with her, so when he got notification that she had filed the QDRO he was livid. We have heard through the kids that he says he's going to work till he dies so she doesn't get any money from his pension.
1. Can he refuse to file for his pension to keep her from getting her portion?
2. What happens if she files to start drawing her pension that he was awarded half of before he files the QDRO against her pension? Would she get the full amount till he files then have to own back his half once he files or would his half just start at that point?
Division of Assets: Divorce, Pensions and Qdro's
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