Divorce: New York

Divorce: New York

Tag Archives: QDRO

Ex-Wife’s Failure to Obtain DRO Before Ex-Husband’s Death Not a Bar to Recovery of Retirement Plan Death Benefits

Posted in Agreements and Stipulations, Equitable Distribution, Pensions
An ex-wife’s failure to obtain a Domestic Relations Order during her ex-husband’s lifetime did not bar relief after his death. The divorce settlement agreement provision that granted her the right to receive the ex-husband’s retirement plan death benefits could be enforced after his death more than seven years after the divorce judgment was entered. Suchwas … Continue Reading

Collecting Counsel Fees in Divorce Actions: Charging Lien Against IRA Denied

Posted in Counsel Fees, Enforcement of Support and Orders
In his February 26, 2013 decision in J.K.C. v T.W.C., Monroe County Supreme Court Justice Richard A. Dollinger held that an attorney could not have a charging lien under Section 475 of the Judiciary Law against the IRA received by his former client (the wife) as her marital share of the husband’s IRA. IRAs, generally, are exempt from creditor’s … Continue Reading

Mandating a Pension’s 50% Joint and Survivor Option in a Divorce

Posted in Equitable Distribution, Pensions
Almost all ERISA-Qualified Defined Benefit Plans (commonly known as “pensions”) are required to offer annuities (a stream of monthly payments). Where there is no divorce, the annuity must be paid as a Qualified Joint and Survivor Annuity unless the Participant’s spouse consents in writing at the time of retirement to a different form of payment. … Continue Reading

When Settling the Divorce, Draft the QDRO Before Drafting the Agreement Dividing the Pension

Posted in Agreements and Stipulations, Equitable Distribution, Settlement, Tax Matters
After 36 years of family law practice, I pride myself on having a good idea of what I don’t know. The good news is that I can reach out for the help needed to make sure the bases are covered when drafting a divorce settlement agreement.  Matrimonial litigation has spawned a host of forensic specialities eager to … Continue Reading