She'd Take Blood if She Could

[Ranger56]

What is the name of your state? North Carolina

Here's the scoop. I got divorced, some 13 years ago after 3 1/2 years of marriage, in Arkansas. That was back around 1992. She was awared 1/2 my retirement in the property settlement, the judge was a country hick.

My question is this. Does she get half the entire amount of my 20 years of retirement from this pension fund?

I was informed by the Pension and Trust Fund, that she is entitled to 1/2, as the judge ordered, but it is 1/2 of the amount of money earned during the time you were married, not the entire amount.

I just figured there are some smart cookies out there, and would like to know whether to draw this pension early or wait, depending on how much she'll BLEED me for again, after 18 years of CS.

Thank you for your replies, and your telling me how crazy I am, or whatever the case may be.

With Respect.
BTW, We were married in California, Divorced in Arkansas, I live in North Carolina, and she lives in Florida.

 

[LdiJ]

What is the name of your state? North Carolina

Here's the scoop. I got divorced, some 13 years ago after 3 1/2 years of marriage, in Arkansas. That was back around 1992. She was awared 1/2 my retirement in the property settlement, the judge was a country hick.

My question is this. Does she get half the entire amount of my 20 years of retirement from this pension fund?

I was informed by the Pension and Trust Fund, that she is entitled to 1/2, as the judge ordered, but it is 1/2 of the amount of money earned during the time you were married, not the entire amount.

I just figured there are some smart cookies out there, and would like to know whether to draw this pension early or wait, depending on how much she'll BLEED me for again, after 18 years of CS.

Thank you for your replies, and your telling me how crazy I am, or whatever the case may be.

With Respect.
BTW, We were married in California, Divorced in Arkansas, I live in North Carolina, and she lives in Florida.

The retirement account should have been divided at the time of your divorce, via a QDRO. If it wasn't, then your attorney dropped the ball.

Its time to consult one now...with your settlement agreement in hand. The situation is fixable, but it depends on the precise wording of your agreement, and an attorney is the best person to review that agreement and advise what needs to be done.

 

[BelizeBreeze]

What EXACTLY word for word, does your property settlement Divorce decree say as to the retirement award.

 

[Bali Hai]

The retirement account should have been divided at the time of your divorce, via a QDRO. If it wasn't, then your attorney dropped the ball.

Its time to consult one now...with your settlement agreement in hand. The situation is fixable, but it depends on the precise wording of your agreement, and an attorney is the best person to review that agreement and advise what needs to be done.

The spouse gets 1/2 of any accumulated retirement funds during the marriage. That's the law and why the account administrator said what they did.

If there isn't a QADRO in place, keep your mouth shut unless she brings it up.

She may check into the graveyard hotel before the fund is legally split and without a QDRO the money is yours.

It's up to HER attorney to prepare the QDRO.

 

[BelizeBreeze]

The spouse gets 1/2 of any accumulated retirement funds during the marriage.

WRONG!

That's the law and why the account administrator said what they did.

WRONG AGAIN!

If there isn't a QADRO in place, keep your mouth shut unless she brings it up.

WRONG AGAIN!

She may check into the graveyard hotel before the fund is legally split and without a QDRO the money is yours.

And again WRONG!

It's up to HER attorney to prepare the QDRO.

or file for contempt.

 

[Ranger56]

Beleeze,

I don't have the damn papers, or I just can't find them.
I'll have to request another copy or dig them out of somewhere to find the exact wording. But, if memory serves me right, I believe it said 1/2 of retirement, but not 100% sure.

You told Bali Hai, wrong ,wrong again and so forth.

If he's wrong, then basically is it what the judge ordered and that's it, without regards to Pension and Trust Fund Rules?


I want you to know, as if you haven't figured out already, I don't have a clue as to if I do anything at all, or am I giving away money I don't have too, if she isn't entitled to it.

Thanks for everyone's comments and help, either way.

 

[LdiJ]

Beleeze,

I don't have the damn papers, or I just can't find them.
I'll have to request another copy or dig them out of somewhere to find the exact wording. But, if memory serves me right, I believe it said 1/2 of retirement, but not 100% sure.

You told Bali Hai, wrong ,wrong again and so forth.

If he's wrong, then basically is it what the judge ordered and that's it, without regards to Pension and Trust Fund Rules?


I want you to know, as if you haven't figured out already, I don't have a clue as to if I do anything at all, or am I giving away money I don't have too, if she isn't entitled to it.

Thanks for everyone's comments and help, either way.

Dude...you don't even know what your orders say.....that is your first step.