Haddonfield, NJ asked in Divorce and Family Law for New Jersey

Q: Divorced senior, was awarded 1/2 of her mates transit pension.I'm 71 can i still get it?NJ Transit 'sharedinterest'

Ex mate is currently getting this pension.

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1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Short Hills, NJ
  • Licensed in New Jersey

A: You and your spouse divorced (presumably in New Jersey) and as part of your divorce, you were awarded in a court order/settlement agreement 50% of the marital portion of your spouse's pension plan. In the court order/settlement agreement, presumably, it also stated that you and he were to hire an actuary to prepare a qualified domestic relation order to handle the division of his retirement plan. If you did not have the QDRO prepared at the time of the divorce, then read your agreement / order and make arrangements to have a QDRO prepared so that it can be submitted to the court, signed off by a judge and then submitted to the plan administrator. If your ex does not cooperate with the process, then you will need to hire a lawyer to handle it and address it to the court.

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