My separation agreement stated for the now ex, to receive half of the martial portion of my retirement, which we were married less than 3 years. Just got the final disbursement letter and the ex is getting about 10x more than what was agreed upon in the agreement.
Division of retirement benefits is complex. Counsel should be retained to review the agreement, judgment or divorce, and QDRO. The court should have reserved jurisdiction for the QDRO, so it may be possible to file a motion with the court.
This is a general response that should not be considered legal advice. No attorney-client relationship has been formed. Please speak with an attorney in more detail about your specific situation.
I agree with Mr. Martino. Depending on when the QDRO was entered would determine exactly what rights and option you have in court. You may also have additional rights and options against the plan administrator for your retirement account.
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The QDRO should reflect the terms of the agreement. As counsel said, they are complex, you should speak to an attorney to review the QDRO and the Separation Agreement to see what the issue is and reccomend appropriate action. It could be that the QDRO was inappropriate or that teh retirment plan processed it improperly.
The information provided in this response is for general informational purposes and does not form an attorney client relationship. Further, the facts of each case are distinct and therefore other than general guidance, the answer cannot specifically apply to all aspects of your case.
You should retain a lawyer to ensure you receive the benefit of your bargain. If you agreed to it on the record, then you are entitled to it. I do not know about the nature of your agreement, but QDRO Orders typically follow the Bangs formula which is a ratio between the months you wirkrd for the company and the months you were married while working for the company. Also, the correct remedy might be moving to revise the order, not an appeal.
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