Defined benefit retirement, qdro and notarized waiver to each others pension benefits at time of divorce.

Asked 11 months ago - Key West, FL

In 2002 with no warning or genuine marital problems, my wife was caught cheating with her boss by his wife and she immediately moved with my child to her boss's new residence. She then filed for divorce after 14 years of marriage. we had minimal assets, zero home equity and we both signed a simple statement waiving each other's pension benefits that we both agreed to. The divorce has been final for almost 12 years and her friends tell me her gold digging since divorce has been a miserable failure and now plans to come after my very modest pension of $1000 a month. Can she do it 12 years later, especially with the simple notarized form waiving the rights to each others pension?

Additional information

No qdro was prepared by either of us since we waived each others benefits. She essentially rushed the process. Requested a name change back to her maiden name, but her friends also mention she started using my last name again for unknown reason.

Attorney answers (3)

  1. William Charles Rosenfelt

    Contributor Level 20

    8

    Lawyers agree

    Answered . I would be cautiously optimistic if I were you but I can't speculate about something that is not a marital settlement agreement and/or a proper waiver (potentially) and its efficacy. You need to take everything to an attorney and have it properly reviewed to make sure that you are protected properly. Good luck!

    Bill Rosenfelt 407-462-8787 (Orlando)

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the... more
  2. David Jule Gruskin

    Contributor Level 11

    8

    Lawyers agree

    Answered . Probably not. She may be saying these things, but it may never happen. If it wasn't in your divorce decree I don't see how she can do it now. If you have real concerns, see a local lawyer.

  3. Robert Jason De Groot

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . We need to see the documents associated with what you are saying. Property settlement is a once and for all thing, but the agreement has to be worded correctly.

    R. Jason de Groot, Esq., 386-337-8239

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