QUESTION
What is my recourse if there is a Final Judgement and my ex-husband was ordered a QDRO?
Asked on Jul 28th, 2015 on Divorce - Florida
More details to this question:
My divorce was final in Jan 2000. As part of the Final Judgment the ex-spouse was directed to prepare a QDRO. That was prepared and delivered to my attorney Dec. 2000, which he forwarded to me the court recorded document. The QDRO stated once he retired I would receive a monthly amount plus COLA for period of time we were married. Last year the ex-spouse passed away, after collecting almost one year of his retirement and when I heard of his death. I called and wrote to the Florida Retirement System. I was told finally that the ex-spouse had not ever finalized their requirement of providing a certified copy of the Final Judgement Order, and there was not a benefit for me stated in his retirement plan. So a copy of the QDRO was forwarded to the Probate Estate attorney, who now several months later, states there was only a couple of thousand dollars and the executor of the estate will split it half with me. There are other assets remaining in the estate. What is my recourse if any at this time?
2 ANSWERS
John Arthur Smitten
Hire a lawyer. Use of a lawyer is recommended.
Answered on Aug 05th, 2015 at 2:28 PM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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It would be advisable for you to engage both an experienced probate attorney and an experienced family law attorney to review this matter carefully and quickly, as there may be applicable deadlines to your potential claims in all arenas. Sometimes, you can find one attorney who is experienced in both areas, like me. Once your matter has been reviewed carefully, and depending on the language of your final judgment and any agreement made a part of it, you may potentially have a claim against your former divorce attorney or your ex's former divorce attorney if something was not done correctly, or not done at all, that they had an obligation to do and which caused you to lose all or part of your interest in the retirement plan. Consult promptly with family law and probate attorneys to discuss the specifics of your situation and your options.
Answered on Aug 04th, 2015 at 10:46 PM