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Divorced after 30 years. If my ex dies before me, his pension says current wife will get his pension. I get 1/2 now but if he

Bradenton, FL |

dies she will get it. He was a fireman, they are exempt from QDRO. I found a case just like mine but in Iowa. They reversed their decision with a Marital Property Order, System Administrative Rule 12.10. Can I use this rule or something else that will apply to Florida. The pension was part of the marital income.

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Attorney answers 2


Even if your husband's plan was not subject to division pursuant to a QDRO, there is still a mechanism for division, which is why you are now receiving benefits. You do not state when your divorce was finalized, but if you did not bring this issue up at trial, and your time for appeal has expired, you have no further remedies.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.


You should speak with a local family lawyer about your issue. In all likelihood you cannot appeal the manner in which the pension was divided but you should check with local counsel to know for certain.

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