Can I re-file my spouse’s postal pension and is there a statute of limitations in doing so? 11 Answers as of January 18, 2013

I was awarded 50% of my spouse’s postal pension and I file a motion for a lump sum pay out. The judge dismissed it without prejudice because of some missing information.

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Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
Yes you can refile. A dismissal " without prejudice" means you can refile, a dismissal "with prejudice" means you cannot refile. Just make sure you have everything that the Judge said you need concerning the "missing information."
Answer Applies to: California
Replied: 1/18/2013
Law Office of Beth Jackson Day | Beth Jackson Day
I think you have to fix what's wrong and then re-file.
Answer Applies to: Maryland
Replied: 1/18/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
It sounds like you can refile if you just provide the appropriate information. Since it was without prejudice, that says you can do it again.
Answer Applies to: Idaho
Replied: 1/18/2013
John Russo | John Russo
There was most likely no QDRO prepared, just because the court ordered that you receive 50% of the pension does not mean it just happens, there needs to be a QDRO prepared and approved by both the plan administrator, and the court, did this divorce yourself right, well if you want to play lawyer start reading the law.
Answer Applies to: Rhode Island
Replied: 1/18/2013
Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
If it was dismissed without prejudice, then that means you can file again, but you still need to be mindful of any time limits.
Answer Applies to: California
Replied: 1/18/2013
    Law Firm of Jeffrey A. Conner, Esq. | Jeffrey Conner
    More information is required to completely answer this question. Specifically I would need to know the exact nature of the pension (it is likely a defined benefit plan wherein he will receive a monthly payment upon retirement) and I would need to know exactly how the Court addressed it in the final judgment. However I will address the general question. In addressing a defined benefit pension plan in property division, the Court can generally calculate what percentage of the retirement you are entitled to and then say once he retires you will receive that percentage of his benefit each month. Or, the Court can, based upon testimony you presented from an expert, find what the "present day value" of the pension is. Once it determines the present day value, the Court then gives him all of his pension but awards you assets which equal the present day value. However you have to present evidence of the present day value. If the Court simply gives you a percentage of his benefit, only if the pension plan allows you to receive a lump sum payout of your share, can you do so.
    Answer Applies to: Florida
    Replied: 1/18/2013
    Zales Law Office
    Zales Law Office | Nicholas C Zales
    A dismissal without prejudice means you can bring the same motion again.
    Answer Applies to: Wisconsin
    Replied: 1/18/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    Without prejudice means you can refile. You probably need a QDRO. See an attorney. You don't get anything until he's retirement age.
    Answer Applies to: California
    Replied: 1/18/2013
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    If you now have the missing information, you may re-file the motion. "without prejudice" means it is not a final decision.
    Answer Applies to: New Jersey
    Replied: 1/18/2013
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    If it was dismissed without prejudice you can refile.
    Answer Applies to: New York
    Replied: 1/18/2013
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