QUESTION

Will the state give his ex-wife half of the part time pension or only the pension that is named on the QDRO, which is his current full time job?

Asked on Jan 10th, 2013 on Divorce - Texas
More details to this question:
My friend has a 2nd job that he started working after he was divorce, he is still working his full time job that he had when he was married. He is retiring from the part time job and taking his pension. Will the state give his ex-wife half of the part time pension or only the pension that is named on the QDRO, which is his current full time job? Also he is not at retirement age, if that helps with this question.
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4 ANSWERS

It sounds like the pension from the part-time job is a missed asset. If the ex finds out about it, she could go to court to get half. You need to see whether the part-time pension was awarded to him in the divorce. if it was, it's his.
Answered on Jan 15th, 2013 at 11:57 AM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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Your fact statement is too confusing to be certain what the issue is. But, as a rule all property issues decided in a divorce case are final and permanent, meaning decisions cannot be changed later. The state cannot do anything other than what a court order requires, even if you mean that the "state" is also the employer or the retirement plan administrator. A QDRO only applies to one single, specified retirement plan that existed at the time of divorce.
Answered on Jan 14th, 2013 at 3:22 PM

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Alternative Dispute Resolution Attorney serving Chandler, AZ at Cox Sandoval Law, PLLC
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During a divorce, the Court will apportion all retirement benefits accrued during the marriage, including part-time or full-time jobs.
Answered on Jan 14th, 2013 at 3:22 PM

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The parties and plan administrator are to abide by the terms of the QDRO. If you are concerned about the language of the orders, I suggest you hire a lawyer.
Answered on Jan 14th, 2013 at 3:20 PM

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