QUESTION
Am I entitled to my ex husbands pension if he refuses to pay it?
Asked on Aug 01st, 2011 on Child Custody - North Carolina
More details to this question:
My divorce agreement twelve years ago indicates that I get one-third of my ex-husbands pension. He has since moved the money around in investments and says the money is gone. Is he liable to pay me the amount of the value of the pension when the divorce was final?
19 ANSWERS
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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It looks like you need to have a QDRO (Qualified Domestic Relations Order) entered.
Answered on Aug 05th, 2011 at 5:54 AM
Yes, but to collect on pension/retirement you need to do a separate order to submit to the plan. You will need the help of an attorney now to determine where the order should now go, given he liquidated/moved money. If he doesn't comply, it could be contempt which requires a motion, so highly recommend an attorney.
Answered on Aug 03rd, 2011 at 1:01 PM
4 Awards
You are entitled to enforce the agreement you made with your husband, but may have issues with the length of time which has passed, depending upon when he actually retired or began taking the pension and when you were entitled to be paid. You should consult an attorney about the specific facts of your case right away.
Answered on Aug 03rd, 2011 at 5:45 AM
Steven D. Dunnings
Yes. Why didn't your Attorney protect your interest in his pension with a QDRO, or were you one of those people who did it yourself?
Answered on Aug 03rd, 2011 at 5:38 AM
It seems to me that it is first going to depend on exactly what the divorce decree and related documents actually say about the pension. The exact wording can have a significant affect upon how the risks of gain or loss are distributed between the two of you. Second, it is going to depend upon exactly why the money has disappeared, if it has. For example, if the pension plan administrator foolishly had all of the pension money invested in Enron before it collapsed, then, you may be out of luck. On the other hand, if the money has disappeared because your ex is hiding it somewhere, you may be able to collect something. Regardless, you are probably going to need to hire an attorney if you want to try to collect, because there may be significant issues of what you can prove or can't prove.
Answered on Aug 03rd, 2011 at 5:38 AM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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A lot depends on the exact language of the court order awarding you the interest in the pension. Consult with an attorney in your area who can look over the court order for you.
Answered on Aug 03rd, 2011 at 5:38 AM
Roianne Houlton Conner
You must file a Contempt of Court against him for the amount and also ask the Court for sanctions which will include attorney's fees, court cost and interest at 1 percent per month on the unpaid balance.
Answered on Aug 02nd, 2011 at 11:12 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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You really need to gather up all of your documentation and see a local domestic relations attorney TODAY.
Answered on Aug 02nd, 2011 at 11:03 AM
2 Awards
Absolutely. If he took affirmative action to move the money, he is responsible for the portion that you were entitled to. The calculations can be complex and will likely require a forensic accountant and/or an actuary. Collecting may be even harder. I suggest you consult a local Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answered on Aug 02nd, 2011 at 10:57 AM
Patricia C. Van Haren
Your paperwork should have provided that his pension be rolled over into a plan in your name at the time of the divorce. You should immediately file a contempt action to recover the value of the pension as it existed at the time of the divorce. Your husband will be required to account for where the pension money went. You may also recover your attorney fees and costs if your husband was acting in bad faith.
Answered on Aug 02nd, 2011 at 10:54 AM
In order to properly answer this question, a lawyer would need to review the settlement agreement. In addition, he would need to know more about the pension itself. It is possible that the ex-husband would be liable under a contempt of court action.
Answered on Aug 02nd, 2011 at 8:28 AM
Glen Edward Ashman
If you handled things right you had a lawyer and the lawyer drafted a QDRO and the money would have been distributed then. If something went awry with that, call your lawyer. If you were your own lawyer and failed to do a QDRO, you messed up badly. Hire a lawyer now to see if it's too late to fix things. Cases with retirement plans are far too complex to ever try pro se.
Answered on Aug 02nd, 2011 at 7:23 AM
Short version: Yes, probably with interest and dividends from that date to this one. Depending on what kind of pension it was, an order (QDRO, COAP, etc.) should have been prepared at the time of divorce that would have prevented your current problem - but it should still be possible to recover what you are owed. Do not wait - you want to accomplish this ASAP, and certainly while everyone is still alive. Start with a consultation with counsel who fully understands retirement benefits in divorce.
Answered on Aug 02nd, 2011 at 7:23 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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Yes. The investments can be attached for your benefit. You need an attorney for this.
Answered on Aug 02nd, 2011 at 7:21 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Yes you are still entitled to whatever the divorce agreement says. But, entitlement and enforcement are two different things. Without knowing exactly what kind of pension is involved, it isn't possible to tell you what you can do now (or what should have been done 12 years ago) to collect your share. Generally, there should have been separate court order entered (possibly what is called a Qualified Domestic Relations Order or QDRO) to require the pension plan administrator to pay your share directly to you. If that wasn't done, and if there is really nothing left, there may not be any practical remedy. You need to consult an attorney who can examine the facts and case history and then advise you of the potential remedies available to you.
Answered on Aug 02nd, 2011 at 7:15 AM
The answer is very likely yes. You need to bring in your final divorce settlement to our office and we can review it with you and tell you what your best legal course is.
Answered on Aug 02nd, 2011 at 7:07 AM
Gary Moore
If the money is "gone" he will have to make it undone.
Answered on Aug 02nd, 2011 at 7:06 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Maybe. You need to show a family law attorney the specific language in your decree, tell him or her all the facts, and seek his/her opinion on the remedies available for enforcing your decree of dissolution and access your chances of success and collection.
Answered on Aug 02nd, 2011 at 6:59 AM
You may have a good claim for a distributive award of the value of your agreement. Consult with an attorney.
Answered on Aug 02nd, 2011 at 6:58 AM
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