Chicago, IL asked in Divorce for Illinois

Q: How can my pension payment after divorce be right, it's not what the decree stated?

Pension Payment To Ex-Wife Can't Be Right

When I got divorced (m1980-d2001) the divorce decree under the section PENSION AND RETIREMENT BENEFITS stated:

The wife shall receive 50% of the marital portion of husband's pension/retirement plan and 401k plan that has accrued during the marriage through the U.S Postal Service.

When I accepted the decree it was my understanding that the ex-wife would receive 50% of the value of my pension from 1980-2001. The way the postal service is doing it they have me paying half my retirement of gross 4200$ a month to my ex-wife(2100) until I Die. They split my retirement straight down the middle as though they included years 1980-2012 when I retired.

Am I not understanding the phrase " The wife shall receive 50% of the marital portion of husband's pension/retirement plan and 401k plan that has accrued during the marriage through the U.S Postal Service." correctly?

Can someone actually refer me to a lawyer who can look into this?

Related Topics:
1 Lawyer Answer
Brian W. Reidy
PREMIUM
Brian W. Reidy
Answered
  • Orland Park, IL
  • Licensed in Illinois

A: Did you have a lawyer at the time of the divorce? That would be a good place to start. Otherwise, you should look for someone close to you that can review your documents and try to sort things out. It is hard to say what is "right" or "wrong" without looking at the relevant documents, which are the divorce papers, the pension documents and the QDRO.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.