What is the name of your state? New Jersey
In a difficult divorce settlement, I believed I was agreeing to giving my husband 50% of my teacher pension as it would be at the date of the divorce filing. We had been married 23 years. I had taught 11 years before the marriage and I had always remained an elementary school teacher, as I still am. His share at that point was $1,330 a month. I thought it would be frozen at that number amount as everything else was. There were many other issues, such as a business I will be getting no future residuals from, that I was instrumental in starting and helping thrive, and hidden assets, and he took no debt from our marriage, and other things that made me feel a frozen number was more than fair. I had not only worked teaching and for our business, I also had complete care of both inside and outside of the house and the children.
I let my attorney know in no uncertain terms, I did not want my husband to benefit from my continued work as a teacher for the above reasons and more. She apparently did not word the settlement corrrectly. In NJ, if you just write "50% of the coverture portion", his share will be based on my salary at the time I retire. And it comes directly off of my share.
My husband's attorney had quickly sent in the order for the qdro, and they told me I was nothing I could do about it. I filed a motion to object to that portion of the settlement. My attorney sent a letter to the court also, and we had a hearing before the judge. He basically said, ..... Too bad, but that is what the wording says**************. . Do I have any chance at all of getting a different ruling if I go to the appellate court? I really do not have the money even for that at this point. I have taught for 36 years, and I never would have signed the settlement if I knew every year I work, (and now I probably will work another 18) my ex would be benefiting! ...... Any suggestions at all???????What is the name of your state?
In a difficult divorce settlement, I believed I was agreeing to giving my husband 50% of my teacher pension as it would be at the date of the divorce filing. We had been married 23 years. I had taught 11 years before the marriage and I had always remained an elementary school teacher, as I still am. His share at that point was $1,330 a month. I thought it would be frozen at that number amount as everything else was. There were many other issues, such as a business I will be getting no future residuals from, that I was instrumental in starting and helping thrive, and hidden assets, and he took no debt from our marriage, and other things that made me feel a frozen number was more than fair. I had not only worked teaching and for our business, I also had complete care of both inside and outside of the house and the children.
I let my attorney know in no uncertain terms, I did not want my husband to benefit from my continued work as a teacher for the above reasons and more. She apparently did not word the settlement corrrectly. In NJ, if you just write "50% of the coverture portion", his share will be based on my salary at the time I retire. And it comes directly off of my share.
My husband's attorney had quickly sent in the order for the qdro, and they told me I was nothing I could do about it. I filed a motion to object to that portion of the settlement. My attorney sent a letter to the court also, and we had a hearing before the judge. He basically said, ..... Too bad, but that is what the wording says**************. . Do I have any chance at all of getting a different ruling if I go to the appellate court? I really do not have the money even for that at this point. I have taught for 36 years, and I never would have signed the settlement if I knew every year I work, (and now I probably will work another 18) my ex would be benefiting! ...... Any suggestions at all???????What is the name of your state?