QUESTION

Is it right that since I earned the increase to my pension check and the 401(k) years after the 1988 QDRO that the QDRO does not apply to my divorce?

Asked on Aug 27th, 2014 on Divorce - Arizona
More details to this question:
In 1988, I divorced my wife giving her 18% of my then vested pension monthly payment amount available to me in the future. I had stopped working for the company where my pension was vested in 1982. When I was 55 in 2000, 12 years after the divorce I took early retirement. The pension administrator applied the 1988 QDRO and the ex-wife began receiving her 18% of what my 1988 monthly pension check amount would have been. In 1999, the company I had last worked for in 1982 ask me to come back and work for two years minimum 800 hours per year. They promised and delivered 2 more pension credits and agreed to increase the multiplier to the new multiplier which had increased over the years. I also paid into a 401(k) during those two years (1999-2000) that I worked. I left the 401(k) there at the company since 2000. Now 2014, I am asking the company to rollover the 401(k) to my current IRA at TD Ameritrade.
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1 ANSWER

Divorce Attorney serving Phoenix, AZ at Heller Law Office, PLC
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There are attorneys who focus exclusively on pension work; you should consult with one regarding your specific situation.
Answered on Sep 01st, 2014 at 6:52 PM

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