QUESTION
QDRO not prepared; husband has remarried; 5 years later...
Asked on Oct 26th, 2014 on Divorce - New Jersey
More details to this question:
My husbands ex-wife has filed a motion addressing his pension, saying that he is in violation. His divorce decree states that 50% of his pension is to go to his ex-wife.
The divorce occurred when both parties were 39 years old. 5 years have passed since the divorce, and he has since remarried (me).
Both parties were to share the cost of the QDRO and decide on an organization to prepare the QDRO. Neither party initiated the QDRO. 3 years after the divorce, ex-wife claimed that the QDRo had not been prepared Andy husband was at fault. He offered to meet at mediation to discuss
The matter, and was turned down. Now, another 2 years later, ex wife is claiming that my husband needs to pay for all of the costs associated with the QDRO.
Is there a chance the time has gone on too long? Has she lost her pension benefits? Does my husband's remarriage (to me) affect her pension rights?
1 ANSWER
Alimony, including Establishment, Modification, Termination, and Enforcement Attorney serving Parsippany, NJ
Partner at
Weinberger Divorce & Family Law Group, LLC
Reviews not shown
2 Awards
I have seen your question.
My name is David Salvaggio. I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters. It's all we do.
Unfortunately, it is extremely unlikely that your husband's ex-wife has lost her rights.
In order to provide your husband with the proper advice, we would need to meet with him and review the relevant facts, as well as the judgment of divorce, the settlement agreement (if there was one), and the terms of his pension.
The issues you raise in your question are important ones which may have substantial financial ramifications. Therefore, in my view, getting a proper advice will be well worth the cost of the meeting ($350.00).
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. Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information.
Answered on Oct 27th, 2014 at 12:21 PM
SALVAGGIO LAW GROUP LLC (877) 355-5281 www.salvaggiolaw.net This answer is not intended to be legal advice. Please consult an attorney.