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Divorce and Defined Retirement Benefit Plan

Asked over 1 year ago - Lexington Park, MD

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My husband belongs to a Union, it has already been determined that I am entitled to a % of my husband's Defined Retirement Plan. My husband is 47 and I am 63, do I have to wait until he reaches retirement age to start receiving payments or a lump sum distribution.

Attorney answers (1)

  1. Licensed in MD

    Pro

    Rockville Divorce / Separation Lawyer
    Contributor Level 15

    Answered October 27, 2011 06:28. The answer to your question depends upon the qualified retirement order that was issued by the court. if the order states that you receive the benefits "if, as and when" your ex-husband receives his benefits, then you must wait. If the order states that the percentage is immediately transferred to you, then you are entitled to the benefits as provided in the plan.

    I recommend that you consult with an attorney.

    Please be advised that any information or advice given herein does not constitute an attorney client relationship.... more

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