Can I collect my portion of my ex’s retirement even if he is still working when I turn 59.5?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I collect my portion of my ex’s retirement even if he is still working when I turn 59.5?
My divorce settlement states I get 50% of my ex’s retirement up to 25 years. He said he will never retire so that I can never collect.
Asked on August 16, 2010 under Family Law, Michigan
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
This was not an amicable divorce, correct? Was there a QDRO (Qualified Domestic Relations Order) entered? Although you have restated the portion of your divorce settlement that applies here it really needs to be read by an attorney in order to give you an idea of how you are to proceed. If he refuses to retire then you get 50% of nothing it seems. But all is not lost. Generally a QDRO can not force early retirement BUT it can seize benefit to which the obligor is entitled and pay out at the time - or age - that the retiree could have retired. The QDRO goes to the plan administrator and is governed by Federal Statute as against privately sponsored retirement plans (i.e., not the government or Church sponsored plans). Seek legal help here. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.