Q: need to modify divorce decree and we both are in agreement. she was granted half my pension but now doesnt want it

A: Not sure why your former spouse has agreed to now waive her claim to share in your retirement benefit but if she is willing to do so, you need to have an amendment drawn up to your settlement agreement reflecting the formal waiver of interest to share in the plan. Simply telling your plan admin at the time of your retirement will not work. They will ask for a copy of the signed agreement, confirming her relinquishment of an interest. Easiest is to go to a family law attorney with a copy of your existing divorce settlement agreement and ask him to prepare an addendum to it, reflecting the waiver of claim or ask him to prepare a consent order reflecting the waiver and have it submitted to the court for its signature.

A: This can be done by Consent Order. You need to retain an experienced matrimonial attorney to draft this for you.

A: Thank you for your question about modifying your Judgment of Divorce. You indicated that your ex-wife no longer wants her share of your pension. I am sure that is great news. I assume when you say divorce decree you mean a Settlement Agreement. In order to modify the terms, you would need a consent order or amended judgment of divorce. If you have also completed QDROs (Qualified Domestic Relations Orders) in your matter, you would need to submit the updated order to your pension plan. If not, an amended Judgment of Divorce should accomplish your goals. I suggest you contact a local family law attorney so they can prepare the required documents and submit them to the court and the pension plan if needed. It is especially important that the documents are prepared correctly to eliminate any issues in the future.