Legal Question in Family Law in Maryland

computing retirement

my stbx recieves Md state retirement pension/disability. I believe the formula is the length of marriage times the length of employement divided by two, but will it be back dated to when he first started recieving it? Or do I just start when the court orders that I start getting my portion?


Asked on 6/15/08, 9:55 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: computing retirement

As part of the divorce, since your stbx is already receiving his benefits, you need to make sure that there is a proper court order served on the adminstrator for the retirement plan, setting forth the percentage of his benefits that you are entitled to. You should ask the court to order him to pay you directly from his benefits until the court order is in place and put into effect by the administator, which can take several months.

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Answered on 6/16/08, 5:28 pm


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