QUESTION
Should I fight this if I retired in 2010 and that's when I found out my divorce attorney gave me false information in 2000?
Asked on Aug 13th, 2013 on Divorce - Michigan
More details to this question:
I was divorced in 2000. My divorce decree in one part in one paragraph said I give up any claim to wife's pension etc. (She had none anyway). It also said the same for her but continued on to say "except and provided for hereinafter". Two paragraphs later under the heading QUALIFIED DOMESTIC RELATIONS ORDER, it said she would receive 50% of my accrued benefit through marital time. A year later a QDRO was drafted but added language to give her a proportionate share of my early retirement subsidy through date of retirement. Again the divorce decree said she gave up any rights to further pension beyond our marital time.
2 ANSWERS
Municipal Law Attorney serving Paw Paw, MI
at
Mark A. Manning, P.C.
Update Your Profile
Without seeing what was placed on the record, or a copy of the Judgment of Divorce, or a copy of the QDRO it is hard for me to give you specific advice. If the early retirement subsidy was awarded to her proportionate to the time the marriage occurred then it could certainly be argued she would be entitled to her 50% share. I would go back to your divorce attorney and consult with him/her and determine just what the judgment of divorce contemplated.
Answered on Aug 15th, 2013 at 7:39 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
It sounds like the divorce paperwork is ambiguous and inconsistent. I would discuss this with your lawyer and see how things can be straightened out, if they can. My guess is your ex is going to want to fight you on this, at this point.
Answered on Aug 15th, 2013 at 7:39 PM