retirement distribution after divorce and remarriage

[mxc]

Over a decade ago, my ex-husband stated in writing as part of our divorce settlement that I was to be awarded a small monthly cash distribution from his retirement account. Payments were to start when he retired. We were married 24 years; he was/is a well-paid trade union worker in Pennsylvania, I was a stay-at-home mom raising our children for most of that time.

He will be retiring soon. I did remarry a different man thirteen years ago.

QUESTION: Am I still entitled to the portion of his retirement account that was in the divorce settlement?

Thanks so much,

[QDROphile]

If the documented and court-approved terms of your divorce included your right to some portion of your former husband's retirement benefit, and nothing has changed since (your remarriage is not a change unless the terms of the divorce provided for remarriage to change matters), then you still have that right. In order to get the benefit as a matter of right from the plan itself, then you must have a court issue a domestic relations order that satisfies certain legal requirements and submit the order to the plan administrator. If the order satisfies the requirements, the plan should determine that the order is a "qualified domestic relations order" -- a QDRO -- and should pay you benefits directly. Among the requirements for qualification are a description of the benefit awarded to you in your divorce. The plan is required to have written administrative procedures for how it processes domestic relations orders and how it determines if an order qualifies. You are entitled to get a copy without charge upon request to the plan administrator, and you or your lawyer should do that.

Obtaining a domestic relations order that will qualify involves a legal proceeding, preferably in the court that handled your divorce, and the qualification requirements for a pension plan are baffling to some people, including many lawyers. It would be best to have the assistance of a lawyer with experience with QDROs.

There is a remote possibility that the extreme delay in obtaining a QDRO will compromise your rights under applicable state law. Also, if your former husband retires or dies before you obtain a QDRO, your rights will be negatively affected.. Do not delay another moment. This is getting a bit technical. but submitting your divorce decree with the plan will protect your rights in certain ways while you go about preparing the QDRO document. Submitting your divorce decree to the plan will not get you any rights to benefits. Be prepared for the plan to be stupid and unhelpful, but that is not always the case.

[Alex Jhon]

Divorce can be overwhelming enough without having to figure out when you can legally marry again. It’s also interesting that some jurisdictions have no waiting period at all—seems risky if people are acting on impulse. I appreciate the reminder that just because you can remarry doesn’t mean you should right away. It's about timing and readiness. For those who’ve remarried after a divorce, what advice would you give someone considering it soon after their first marriage ended? What would you do differently, if anything, with the benefit of hindsight?

 

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