Does QUDRO still apply if spouse gets remarried?

Asked about 4 years ago - Perth Amboy, NJ

When I got divorced my ex-wife got 50% of my pension. She got married again soon after the divorce. My question is, being that she got married again, does the QUDRO still apply or did she lose the benefit?

Attorney answers (4)

  1. Mark S Guralnick

    Contributor Level 14

    Answered . Unless you made some special deal, the Qualified Domestic Relations Order (QDRO) would still apply. In New Jersey, re-marriage will put an end to alimony, but it will not terminate the division of assets that occurred in the prior divorce. Therefore, the division of your pension (by QDRO or otherwise) almost certainly still remains in effect.

    If you need any assistance, feel free to contact me.

    MARK S. GURALNICK
    (609) 720-9700
    (732) 342-9292

  2. Matthew R Abatemarco

    Contributor Level 9

    Answered . I concur with Mr. Guralnik. The division of pensions is a matter of asset distribution. It is not affected by remarriage.

    LEGAL DISCLAIMER:
    The foregoing is general information and does not constituted legal advice. Individuals should consult counsel to determine how the law applies to their particular set of facts.

  3. Ronald Glenn Lieberman

    Pro

    Contributor Level 18

    Answered . She still retains the benefit, although the issues are whether a QUDRO was sent to your company and the survivor benefit election.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed.

  4. J. Richard Kulerski

    Contributor Level 20

    Answered . Verify this with a NJ attorney, but the pension is property and not spousal support. Therefore, the pension is treated just like any other property that is divided. Your ex keeps her share of the pension whether she remarries or not.

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