Do I have any legal recourse that would either force or allow me to by-pass my ex-wife’s signature on retirement pension survivorship benefits?

UPDATED: Dec 31, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 31, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I have any legal recourse that would either force or allow me to by-pass my ex-wife’s signature on retirement pension survivorship benefits?

During the process of filing for divorce and filing of QDRO, it was agreed upon that my ex-wife would accept the one time 60 month option for survivorship benefits, where my retirement pension was concerned. Now that it is time for her to sign and return the documents forwarded to her by the Trust Administrators, she is refusing to sign. I have already signed my part and am waiting to mail back the rest of the paperwork. Do I have any legal recourse that could force her to sign or bypass her signature altogether? She is preventing me from receiving any retirement benefits and savings.

Asked on December 31, 2011 under Family Law, Nevada


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation.  I am hoping that when you say here that she agreed to this distribution of the pension plan she did so in writing and that it was incorporated in to your divorce settlement.  Then that the settlement was incorporated in to the order of the court.  That would allow you to bring her back to court on the basis of contempt and breach of the agreement.  A court could enforce the issue on many grounds.  I think that you will need help here and that you need to bring an expedited motion on the matter as your retirement is at stake. You can not, however, "by pass" her signature without a Judge ordering it.  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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption