East Orange, NJ asked in Divorce and Family Law for New Jersey

Q: Can I still receive half of pension awarded from Divorce? Deceased & I are both Retired from NJDOC. Divorced 3/3/10

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1 Lawyer Answer
Michael Andrew Conte
Michael Andrew Conte
  • Princeton, NJ
  • Licensed in New Jersey

A: It depends. Was the pension distributed in your Marital Settlement Agreement or Judgment of Divorce? Did you have a QDRO prepared after your divorce, to divide your interest in the pension? Did the pension plan allow for a beneficiary in case of his death? Did your ex-spouse select a pension option that provided you as a beneficiary? These are all important questions that you will need to sort out in order to determine whether you will receive a pension payment from your ex-spouse's payment. If you need help tracking this down and sorting it out, you should schedule a consultation with a qualified family law attorney.

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