My Husband filed for Divorce over 10 years ago with his ex wife. They had already been separated for 4 years, so when she asked for spousal support the judge denied it , Now my Husband is filling out forms for his retirement Pension. We have to show them the Divorce Judgement. It has nothing marked for him to share retirement and she didn't ask for it, but it says RESERVED under the Spousal support .
Spousal support has nothing to do with Retirement. Spousal support is another term for Alimony. My guess is the pension people want to do two things: verify that he was divorced and show that his ex did not receive any of his pension.
You can talk to a lawyer if you want. I would also suggest that you ask the pension folks why they want the divorce decree.
Yes, the pension will be divided. No, she won't get half. However, the amount she will get was not decided, so now, it must be. That's what RESERVED means.
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Spousal support is not the same thing as division of a pension/retirement plan. If the judgment awarded your husband his retirement pension plan in the judgment, that is all the retirement people need to know. But, was a judgment entered that awarded your husband his retirement as his sole and separate property? Sounds like you need to talk to a familylaw attorney to get some clarity. It would be worth the money spent of say an hour or two to get this clarity.
If the court RESERVED jurisdiction over the retirement plan, that means that the plan hasn't been divided. This means that you need to have a lawyer review your Judgment to learn what your husband's rights in that plan are and to file a judgment on reserved issues dividing the Plan and then do a Qualified Domestic Relations Order taht will be signed by all parties, the court and then served on the Plan. This could take weeks or months, so don't delay any longer attending to this very important issue.
Normally a spouse will receive half of the community interest in the plan acquired during their marriage, plus survivor benefits.
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