I live in new york state. I have a legal seperation that was filed in 9/2010. I would like to follow through with the divorce. In the seperation agreement, under Division of Property there is our annuity. It states that he must give me 1/2 until his death. Does this also have to be in the divorce paperwork?
2 Answers from Attorneys
You will need to have a qualified domestic relations order prepared for his annuity. Otherwise the plan will not know about your separation agreement and you will not get any of his annuity money. I would be happy to review your separation agreement and give you a consultation for free.
Yes! You will need a QDRO.