Do I have to wait until ex husband retires until I get the 50% of his annuity I was awarded? 6 Answers as of May 05, 2014

My ex-husband I got our divorce finalized on Jan. 25, 2014. I was awarded 50% of his annuity and 50% of his pension. Do I have to wait until he retires to get this money?

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Law Offices of Frances Headley | Frances Headley
What is immediately available to you depends on the terms of the plan. Since these vary you should consult a family law attorney familiar with pension plans to review all of the facts and documents and advise you.
Answer Applies to: California
Replied: 5/5/2014
C Page Hamrick Attorney at Law | C Page Hamrick
FOR WEST VIRGINIA ONLY: You need to have a Qualified Domestic Relations Order prepared for each plan you are entitled to a portion of after a divorce. Whether a retirement plan pays out at that time or only when the plan participant retires depends on the plan provisions. 401k and IRA type plans usually (but not always) pay out at the time the QDRO is presented, but retirement annuity plans generally do not pay out to the divorced ex-spouse until the earliest normal retirement date. You need to consult an attorney for this very complicated matter.
Answer Applies to: West Virginia
Replied: 5/5/2014
James M. Chandler | James M. Chandler
You do not get any part of the annuity or pension until he is entitled to receive it.
Answer Applies to: California
Replied: 5/5/2014
Fran Brochstein
Fran Brochstein | Fran Brochstein
Was a QDRO prepared and submitted to his employer or former employer. Was the QDRO accepted by the employer? From your question it appears that you have not done all the paperwork necessary to protect yourself. If not, you need to immediately meet with a family law attorney and make sure that all proper paperwork has been done.
Answer Applies to: Texas
Replied: 5/5/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
I would have to know the details, but generally you simply have 50% of his rights to payments when they are scheduled to occur.
Answer Applies to: Michigan
Replied: 5/5/2014
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