State retirement benefits, Divorce?
My in laws been separated for 3 years, but are just now filing for divorce. Her husband wants her to sign some paperwork that gives up her rights and wants her to write a character endorsement for him (he is running in a local election). If she does he says he will sign some type of federal form that states he is giving up his rights to 50% of her retirement. She is a school nurse and is eligible for retirement in 5 years. She cannot find a copy of this form and he says she has to provide it...she has checked with the financial office at her school and they don't know anything about it. She is reluctant to sign the endorsement because he doesn't have the morals that he wants her to say, but she is worried that he will take her retirement. She also cannot afford an attorney despite our recommendations. She was the sole worker for their family. Is there such a form? and can he "take" 50% of her retirement?
Public Comments
- Yes, there is and Yes he can.
- In NJ the spouse is entitled to half of the pension in a divorce. I do not know what it is in other states. I would think that since the teachers pension is handled by the state in most states that it would be a state form. Contact the state pension board for the form, the office at her school would not have this paperwork. It may even be online for the pension. The state pension people can also advise her what the law is in her state.
- Her attorney will draw up a QDRO. (qualified domestic relations order) . Then it will be filed with his pension fund plan.
