Niagara Falls, NY asked in Divorce for New York

Q: My ex-husband worked for NYS Department of Corrections, he retired January 2019.

I am having a hard time collecting my portion of his pension and 401 k. He has made offers but will not offer any paper work. I have contacted NYS Retirement Fund who state they can not help me, wrote an e-mail to the marriage division of retirement but received no response. What can I do next? My income does not allow me to hire an attorney.

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2 Lawyer Answers

Nina Mironenko

Answered
  • Huntington, NY
  • Licensed in New York

A: Your Settlement Agreement or Judgment of Divorce should have included provisions/language regarding a QDRO, or DRO to be filed for each - the pension and the 401(k). Contact the attorney who handled your divorce. You will have to pay her/him.

Christine Moccia

Answered
  • Rye Brook, NY
  • Licensed in New York

A: If you have a judgment of divorce, trying sending it to the retirement fund

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