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I was married 8-14--82. Filed for divorce 1-24-94. Divorce final 10-24-95. ( I get a 3rd of my spouses pension and he is ready to retire) The pension QDRo that evaluated my spouses pension for the papers to go before the judge listed the 1-24-94 date as the divorce date therefore beating me out of almost 2 years of collecting the pension. Isn't the final divorce date, the final divorce date,or so they go by date filed? Thanks
1 ANSWER
Alimony, including Establishment, Modification, Termination, and Enforcement Attorney serving Parsippany, NJ
Partner at
Weinberger Divorce & Family Law Group, LLC
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I have seen your question.
My name is David Salvaggio. I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.
Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.
The answer to your question is: Normally under NJ law, the "cutoff" date for one party's entitlement to share in the other party's pension IS the filing date of the Divorce Complaint. However, that does not necessarily mean that you were "beat me out of almost 2 years of collecting the pension."
Hopefully, you were represented in the divorce by a good lawyer, because the language of the QDRO is very important. Too many people are "penny wise and pound foolish" by deciding not to retain a good lawyer.
I would be happy to have a very brief telephone call with you, to get a few more facts. There is no charge for the call.
Your question does not specify the town in which you live. My firm's offices are located in Morristown, NJ (Morris County). We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties.
If you live in one of those counties and wish to schedule a brief telephone call with me, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof. She will be able to arrange a mutually convenient date and time for the call.
Answered on Mar 14th, 2015 at 12:15 PM
SALVAGGIO LAW GROUP LLC (877) 355-5281 www.salvaggiolaw.net This answer is not intended to be legal advice. Please consult an attorney.