NJ Pension Law

[vlp1120]

What is the name of your state? NJ

I have a PERS pension from the State of NJ. I divorced my husband almost 10 years ago. At the time, I was required to fill out a QRDO and submit it to the state so he would have half of my pension when I retire. He is now remarried. He's always had the ability to put away for his retirement. His employer has always offered a 401K benefit. He makes more money than me, but rather than put that extra money in a 401K, he always chose to get the money directly in his paycheck (for the past 25+ years). Therefore, he has no retirement savings. I don't understand why I should be penalized and lose half my pension for his poor lack of planning. Is there any way (besides him voluntarily relinquishing my pension) to keep him from getting my pension?

 

[LdiJ]

What is the name of your state? NJ

I have a PERS pension from the State of NJ. I divorced my husband almost 10 years ago. At the time, I was required to fill out a QRDO and submit it to the state so he would have half of my pension when I retire. He is now remarried. He's always had the ability to put away for his retirement. His employer has always offered a 401K benefit. He makes more money than me, but rather than put that extra money in a 401K, he always chose to get the money directly in his paycheck (for the past 25+ years). Therefore, he has no retirement savings. I don't understand why I should be penalized and lose half my pension for his poor lack of planning. Is there any way (besides him voluntarily relinquishing my pension) to keep him from getting my pension?

You might have been able to argue fairness at the time that you got divorced, but It's 10 years too late now. However, he should not be getting a full half of your pension. He should only be getting half of the amount the accrued due to contributions during the marriage.

 

[Bali Hai Again]

You might have been able to argue fairness at the time that you got divorced, but It's 10 years too late now. However, he should not be getting a full half of your pension. He should only be getting half of the amount the accrued due to contributions during the marriage.

Plus earnings to date on that amount?

 

[Bali Hai Again]

What is the name of your state? NJ

I have a PERS pension from the State of NJ. I divorced my husband almost 10 years ago. At the time, I was required to fill out a QRDO and submit it to the state so he would have half of my pension when I retire. He is now remarried. He's always had the ability to put away for his retirement. His employer has always offered a 401K benefit. He makes more money than me, but rather than put that extra money in a 401K, he always chose to get the money directly in his paycheck (for the past 25+ years). Therefore, he has no retirement savings. I don't understand why I should be penalized and lose half my pension for his poor lack of planning. Is there any way (besides him voluntarily relinquishing my pension) to keep him from getting my pension?

What he should have done before the divorce decree and what he did after the divorce decree is irrelevant.

 

[LdiJ]

Plus earnings to date on that amount?

I think that if you re-read what I wrote it actually covered that. "Accrued due to contributions made during the marriage".

 

[Bali Hai Again]

I think that if you re-read what I wrote it actually covered that. "Accrued due to contributions made during the marriage".

Thank you for clearing that up LdiJ.

 

[AlmostThere]

Even if your ex had maxed out his 401ks since your divorce, you would still be responsible for his portion of your pension as decided in your divorce. It sounds as if he was not contributing to his 401k during your marriage - and you reaped the benefits of that - there was more money available every month.

 

[Taxing Matters]

Is there any way (besides him voluntarily relinquishing my pension) to keep him from getting my pension?

He's going to get whatever portion of the pension you agreed to give him in the QDRO. Read it carefully so you are certain exactly what it is that he's entitled to get. You signed this 10 years ago. Why it is now that it bothers you? His remarriage, perhaps? In any event, the reason he gets part of your pension is because that's generally how assets are divided in a divorce. Whether he's made other plans like 401(k) accounts (not 401K or 401k) to supplement that really doesn't matter at this point. Even if he had done that, he'd have likely received a share of your retirement. Your lawyer should have explained everything before you signed off on the asset division. You may take the divorce decree and QDRO to a divorce lawyer to make sure you know what he gets and ask if there is any way to modify it now. But after 10 years, there are only a very few reasons that would allow the court to consider making a change.