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Divorce and Defined Retirement Benefit Plan

Lexington Park, MD |
Filed under: Divorce

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


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. Further, before taking any actions or deciding not to take any actions, you should seek counsel of an attorney. This forum cannot provide you with the anyalysis and detail necessary for a full and accurate opinion to be rendered.

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