QUESTION
Do I have to have an attorney to file a motion even if my ex is ok with the changes I want.
Asked on Aug 28th, 2013 on Divorce - Texas
More details to this question:
My Ex works for a multibillion dollar company. I was granted 50% of his pension. At the time our divorce was finale,I was not even thinking about that. My life has changed considerable since then. I was diagnosed withM.S during our marriage. It is only of late that my condition has deteriated considerably. I would like to get my part of his pension now because of my disability needs. His company offers early retirement at age 55 which is when I should be able to get my money. My ex is all for me getting my money due to me,However this company has a very restrictive pension plan(which I was unaware of its restrictions). The money owed to me is a grain of sand compared to the beach of assets and money of this company. I need to know how I can get around this plan?
1 ANSWER
Wills and Estate Planning Attorney serving Sugar Land, TX
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Law Offices of Kimberly D. Moss, PLLC
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You need to file a Suit for Post Divorce Division of Community property. Because your husband agrees to giving you a portion of his pension, it should be relatively simple to get an agreed order for his pension plan. The order you will need to present to the pension plan is called a qualified domestic relations order (QDRO). This is a fairly complex process. Your husband will need to be served and it's effectively like having a second divorce, except this time only as it relates to undivided community property.
Answered on Aug 28th, 2013 at 11:42 PM