Hi everyone, my name is Donna and I'm at my wit's end with my attorney 1600 miles away. I'll try to be concise.
In June 2010, prior to leaving New York State, I hired an attorney and paid the retainer for a one-year legal separation. Note that this was uncontested, there were no children involved, and I was not asking for maintenance. It was also agreed that my ex-husband would buy my equity of our former home. Both my ex-husband and I got the financial information to him quickly and were going to be splitting our pensions up to that point 50/50; no fighting. It took a couple months for the separation papers to be filed and my attorney did get my home sale settlement completed in December 2010. Attorney said their legal office would be busy within that year by contacting pension administrators, etc. for QDRO (QDRO is in our papers). A year passed and in August 2011, I paid for the divorce. Months went by and there was no answer to emails or voice mail messages regarding the status of the divorce; all I wanted to do was move on with my life and my ex, with his. One of the few times the attorney did call me, he said there were errors on the part of his office with the papers and that delayed things. Finally in mid-February 2012, I received my divorce papers; an almost 1.75 year process for an uncontested divorce with no children and no fighting. Anyway, that's not the worst part and this is where I need help. I haven't gotten any notices (nor has my ex) that our pensions are split. When I lived in New York, I was the 401-k administrator where I worked and we received quarterly statements for one of the employee's ex-wives so I knew this was something I was supposed to be receiving. For the most part, my emails and voice mails have gone unanswered but I'm including one email from him below:
Me, July 26:
"XXXX, Several months back I emailed about XXXX's and my retirement accounts as well as social security. It is in our decree that it is 50/50. However, to date I haven't received paperwork from any of the retirement administrators. Have all the parties been notified and if so, why don't I have anything stating such?"
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After another forward of this email AND a phone call to his assistant, I received this email back on August 9 2012...
Attorney: "I have asked (my assistant) to pull the file to verify what the decree says. In the meantime, I would suggest contacting the retirement administrator and asking them to provide you with the information you will need to provide back to them to initiate the split. The division of retirement accounts is a matter separate from the divorce. It will not be clear if you will be able to handle this yourself until you see what they are asking for. Contact them and let me know what you receive and we can talk from that point."
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Suffice it to say, I couldn't believe what I was reading. My email back to him the next morning:
Me, August 10: "XXXX, I have pulled my papers. Page 10, Section 11 under Pension and 401-K Rights. It says:
'The Wife shall be entitled to a 50% share of the Husband's Federal Retirement Thrift Investment Board pension as calculated under the case of Majauskas v. Majauskas and shall be entitled to a Qualified Domestic Relations Order within thirty days after the entry of a Judgment of Divorce to an appropriate court, the Wife shall cause to be submitted a "QDRO" designating the Wife as alternate payee with respect to her share as set forth above.' It states 4 pensions: 2 from (my ex-husband) and 2 from me. In addition, I know I'm entitled to half his social security.
This is what (my ex-husband) and I signed. I supplied you with names of pensions and numbers when we started the process in June 2010. I cannot imagine, even if I could find out who a retirement administrator is in the US Postal Service, that they would give me any information on my ex-husband's account. This is a part of what you and I discussed in June 2010 and what my ex and I subsequently signed. You said once the separation was over, this would be handled. This process is getting very frustrating as it took a long time for the divorce to become final and now I learn this hasn't been done."
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I forwarded the above email one more time since August 10. No response, no phone call. I am trying to fight this from Florida and ironically, the fight is not with my ex-husband. I should also say that this attorney is considered very reputable in central New York...this is not one of those "Get your divorce for $600" deals.
I apologize for the length. I've never been to a "Help" board and just don't know what to do at this point. I'd sure appreciate suggestions.
Regards,
Donna
In June 2010, prior to leaving New York State, I hired an attorney and paid the retainer for a one-year legal separation. Note that this was uncontested, there were no children involved, and I was not asking for maintenance. It was also agreed that my ex-husband would buy my equity of our former home. Both my ex-husband and I got the financial information to him quickly and were going to be splitting our pensions up to that point 50/50; no fighting. It took a couple months for the separation papers to be filed and my attorney did get my home sale settlement completed in December 2010. Attorney said their legal office would be busy within that year by contacting pension administrators, etc. for QDRO (QDRO is in our papers). A year passed and in August 2011, I paid for the divorce. Months went by and there was no answer to emails or voice mail messages regarding the status of the divorce; all I wanted to do was move on with my life and my ex, with his. One of the few times the attorney did call me, he said there were errors on the part of his office with the papers and that delayed things. Finally in mid-February 2012, I received my divorce papers; an almost 1.75 year process for an uncontested divorce with no children and no fighting. Anyway, that's not the worst part and this is where I need help. I haven't gotten any notices (nor has my ex) that our pensions are split. When I lived in New York, I was the 401-k administrator where I worked and we received quarterly statements for one of the employee's ex-wives so I knew this was something I was supposed to be receiving. For the most part, my emails and voice mails have gone unanswered but I'm including one email from him below:
Me, July 26:
"XXXX, Several months back I emailed about XXXX's and my retirement accounts as well as social security. It is in our decree that it is 50/50. However, to date I haven't received paperwork from any of the retirement administrators. Have all the parties been notified and if so, why don't I have anything stating such?"
******************************************************************************************************
After another forward of this email AND a phone call to his assistant, I received this email back on August 9 2012...
Attorney: "I have asked (my assistant) to pull the file to verify what the decree says. In the meantime, I would suggest contacting the retirement administrator and asking them to provide you with the information you will need to provide back to them to initiate the split. The division of retirement accounts is a matter separate from the divorce. It will not be clear if you will be able to handle this yourself until you see what they are asking for. Contact them and let me know what you receive and we can talk from that point."
******************************************************************************************************
Suffice it to say, I couldn't believe what I was reading. My email back to him the next morning:
Me, August 10: "XXXX, I have pulled my papers. Page 10, Section 11 under Pension and 401-K Rights. It says:
'The Wife shall be entitled to a 50% share of the Husband's Federal Retirement Thrift Investment Board pension as calculated under the case of Majauskas v. Majauskas and shall be entitled to a Qualified Domestic Relations Order within thirty days after the entry of a Judgment of Divorce to an appropriate court, the Wife shall cause to be submitted a "QDRO" designating the Wife as alternate payee with respect to her share as set forth above.' It states 4 pensions: 2 from (my ex-husband) and 2 from me. In addition, I know I'm entitled to half his social security.
This is what (my ex-husband) and I signed. I supplied you with names of pensions and numbers when we started the process in June 2010. I cannot imagine, even if I could find out who a retirement administrator is in the US Postal Service, that they would give me any information on my ex-husband's account. This is a part of what you and I discussed in June 2010 and what my ex and I subsequently signed. You said once the separation was over, this would be handled. This process is getting very frustrating as it took a long time for the divorce to become final and now I learn this hasn't been done."
*****************************************
I forwarded the above email one more time since August 10. No response, no phone call. I am trying to fight this from Florida and ironically, the fight is not with my ex-husband. I should also say that this attorney is considered very reputable in central New York...this is not one of those "Get your divorce for $600" deals.
I apologize for the length. I've never been to a "Help" board and just don't know what to do at this point. I'd sure appreciate suggestions.
Regards,
Donna
