Liza Posted November 17, 2023 Posted November 17, 2023 my divorce decree states we agreed that I would receive 50% of 15yrs of my ex-spouses retirement. He just retired and I was told that when he passes I will no longer receive the retirement. If my divorce decree says differently than what was worded in the qudro is there a chance of amending it. Because why would I agree to only having the retirement while he was alive. It is well documented in the court hearing that he was a severe alcoholic and it would catch up to him. I was looking for lifetime. It seems useless to have it until he passes which at the rate he drinks won't take long.
david rigby Posted November 17, 2023 Posted November 17, 2023 Maybe, but it's an uphill fight. To see several prior discussions on amending a QDRO, go to the Seach box above, type the word "amend", click the dropdown arrow to "This Forum", and hit your enter button. I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
QDROphile Posted November 17, 2023 Posted November 17, 2023 What you were told about the benefit -- you get nothing after he dies, is not necessarily inconsistent with the divorce decree. The form of benefit appears to be a life annuity, which is common for pension plans. When he dies, nothing further is payable from the plan, so 50% of that provides you with nothing also. Something may have gone awry with the selection of the form of benefit that puts you in a position where you may not get what you expected. But there may not have been a form of benefit that would get you literally what the decree says. The benefit options and how to apply the words of the decree are complex.
Luke Bailey Posted November 18, 2023 Posted November 18, 2023 It's worth a try. Talk to a lawyer in your area that is expert in marital dissolution law. Perhaps the lawyer you used for your divorce. The plan shouldn't care, because if you switch to a joint and survivor annuity there will probably be an actuarial reduction (based on standard life expectancy) that will make the new benefit actuarially equivalent to current. Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034
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