Sabetberky
recently joined
Reged: 12/11/08
Posts: 4
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My decree states the following and I need help to decipher what it means? Will I have to contact the Court where I was granted the divorce? Any help is greatly appreciated. Thank you.
13. RETIREMENT BENEFITS: The court finds that all retirement benefits which have accrued through Respondent's employee until the date of the entry of this Decree is the community property of the parties. Petitioner shall receive her community property for a period of 10 years following retirement; thereafter, Respondent shall receive 100 percent of his retirement benefits which shall be deemed his sole and separate property. Accordingly, a Qualified Domestic Relations Order shall issue to divide the community property portion of the retirement benefits in accordance with this order. This court retains jurisdiction in order to maintain the order as a Qualified Domestic Relations Order.
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RickDerrig
recently joined
Reged: 12/13/05
Posts: 1
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I'm not an attorney, but my understanding of the order means the following: Upon retirement the petitioner will receive 1/2 of the total retirement payments for ten years. Her rights to any portion of the pension end at that point, and her ex receives 100% of subsequent pension payments. HOWEVER, since all retirement benefits up until the decree was issued were deemed community property, I would determine the total value at that point and try to get it into a separate account to ensure that Petitioner actually receives the entire benefit of her share during that ten year period, which it sounds like the QDRO order is supposed to do (it would be a good idea to make sure). It doesn't hurt to seek that clarification now -certainly better to have it clarified while it's fresh than waiting for retirement and possibly having to fight for it again in court due to a deceased judge or the judge not being able to recall.
Rick
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