Legal Question in Family Law in California

retirement payout after divorce

my husband of 38 years recently retired from his company. In our divorce agreement, we had a 50/50 split. How do I best go about receiving my portion? What steps do I need to take? Thank you in advance. Sue


Asked on 1/05/06, 4:26 pm

2 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: retirement payout after divorce

In a nutshell, a QDRO (qualified domestic relations order) is needed for you to lawfully receive your share herein. If you would like prompt, affordable assistance in this matter, contact us directly for a free phone consultation.

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Answered on 1/05/06, 5:55 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: retirement payout after divorce

In a general sense, the plan has to be joined (called a joinder), and then you need will need either a QDRO (Qualified Domestic Relations Order) or DRO (Domestic Relations Order), depending upon the individual plan. The sooner you get started the sooner the plan will have to pay you your community interest.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 1/05/06, 4:49 pm


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