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?

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1 Lawyer Answer
Brian W. Reidy
Brian W. Reidy
PREMIUM
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.

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