dmom

Thank you all for responding. Sorry I haven't been on the site in a while. My attorney had to file a motion for many reasons of my ex not complying with our Stipulation of Settlement. My ex' attorney was not responding to any emails or letters in regard to the QDRO. We decided to ask the court if we could amend the Stipulation of Settlement to change the language in the paragraph with regards to the Pension Plan. We are supposed to go to court on Tuesday and this past Friday, his attorney decided to respond and is willing to amend the language to reflect the Separate interest method. Now I'm just concerned i have the proper wording in the Stipulation of Settlement to cover myself if he should die before the benefits are collected.

Unfortunately, my lawyer has not been helpful. I do not want to wait until my ex retires. He served me in April of 2017 and we are still not divorced. I want to have the separate interest method but pension person is saying because on original stipulation saying Husband will be required to take a 100% survivor option with a pop up, I do not have that option.

I'm currently going thru a divorce. No excuses but trusted a few people along the way to guide me and now I'm very confused. Signed Stip of Settled in regard to my ex's Defined Benefit Plan says Husband will be required to take a 100% survivor option with a pop up. My ex's plan has the Shared Method and Separate Interest Method. We hired a third party to prepare the QDRO. I was told based on that language i had to go with the Shared Method. There was no mention of preretirement survivor benefits mentioned. We went back to court a couple of weeks ago and amended the Stip of settlement to add Plaintiff will agree that Defendant is a surviving spouse for the purposes of Qualified PreRetirement Survivor Annuity QPSA. Plaintiff is directed to Elect the QJSA if there is post retirement death. Defendant can elect to receive her benefits at the age of retirement. I'm the Defendant. I was married for 28 years to a Narcissist. If I am forced to go with the Shared Method, he will never retire. Can anyone offer me any guidance as I'm feeling very defeated.