My ex-husband and I began the divorce process six years ago with each of our lawyers. But it did not continue to the entry of judgement by the court because I did not agree with his disclosure of assets and debts. However, my lawyer processed a QDRO to protect my entitlement to his pension. Now he is retiring and he can't do that until the QDRO is addressed, He wants me to vacate the joinder (QDRO?) Also, he claims that we are still married, with respect to how the administrator of retirement calculates the pension division between us. He said that I am the beneficiary...in case of his death? He is retiring because he was diagnosed with terminal cancer. I am confused about what I should do next. Also, will I be responsible for any debts he has, if he claims that we are still married?
Your question relates to divorce law but was it posted under the wrong category (which could be the reason no one has responded yet). I would like to assist you, but I am not an expert in divorce law. To further assist you, I am reclassifying it to the divorce law category, so that attorneys knowledgeable in that practice area would be more likely to see it and respond. (If this response was helpful, kindly indicate so. Thanks.)
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If your judgment has not been entered, he is correct that you are still married. Your attorney joined the retirement plan, but you still need the actual QDRO. What you need to do is finish up your divorce. You may want to consult with an attorney regarding the risks and benefits of staying married given his terminal condition.
If no Entry Of Judgment was filed and recorded then you are still married and it is even possible that the case may have been dismissed for failure to complete the case. As of now you are still the beneficiary of his pension plan just as if you are married and the pension plan probably has a death benefit payment in it along with a provision as to receiving pension benefits during your life time. Don't vacate the order. Best to talk with a family law attorney to determine all of your options. As to debts, any debt acquired during the marriage is a community obligation.
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