QUESTION
Do I only get half until day we divorced or does it accumulate interest or get half of all retirement when she retires?
Asked on Jan 18th, 2013 on Divorce - Texas
More details to this question:
I was married for 18 years. I am recently divorced and I was awarded 50% of her retirement, 401k. She is a government employee for Arizona. I understand I can’t receive benefits until she retires. It didn’t say on divorce papers whether I get half up until divorce or all the way until she retires.
9 ANSWERS
Mortgage Foreclosure Defense Attorney serving Deerfield Beach, FL
at
The Ticktin Law Group
Update Your Profile
In all likelihood you are entitled to 50% from the date of the marriage, up until the date of separation, or the date of the entry of divorce. It would be best to have an attorney review the language in the Final Judgment and determine whether or not clarification is needed from the Court.
Answered on Jan 23rd, 2013 at 12:30 PM
You are only entitled to one half of what she earned during the marriage. As of the date of separation, the community property interest in the retirement benefit terminated.
Answered on Jan 22nd, 2013 at 12:52 PM
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
Update Your Profile
Normally it is at the date of divorce. You should make sure there is a QDRO in place though. If she retires and no QDRO you can be out of luck.
Answered on Jan 22nd, 2013 at 12:52 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
at
Cox Sandoval Law, PLLC
Update Your Profile
You will receive as of the date of termination of the community or as otherwise specified in the Decree, but the value of your should still continue to accrue until the time that your ex-spouse retired.
Answered on Jan 22nd, 2013 at 12:51 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
It should only be half until the date of the divorce.
Answered on Jan 22nd, 2013 at 12:51 PM
Bankruptcy Attorney serving North Olmsted, OH
at
James F. Lentz Attorney & Counselor at Law
Update Your Profile
Assuming you live in Ohio and this was an Ohio divorce, you should call your family law attorney for a clarification and possible modification of the QDRO.
Answered on Jan 22nd, 2013 at 12:51 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
Half until date you separated.
Answered on Jan 22nd, 2013 at 12:50 PM
Generally, you would receive half of what accumulated during the marriage (and no part of the benefits that accumulate after the marriage).
Answered on Jan 22nd, 2013 at 12:49 PM
Divorce Attorney serving Frisco, TX
at
Mackoy, Hernandez, Jones and Woods LLP
Update Your Profile
You are entitled to your portion whenever she becomes eligible to withdraw funds - not necessarily when she retires. The court can only divide what exists at the time of divorce, whatever accumulates after the divorce is owned by the person who earned it. I suggest you hire a lawyer.
Answered on Jan 22nd, 2013 at 12:38 PM