Additional Information:

Do I need a lawyer to draw it up?  Husband is 64 but he was married to another woman while he was a Teamster. To collect his pension he has to pay her half according to his divorce agreement. The Teamsters say they need a Qualified Domestic Relations Order.

ANSWER:

I would suggest that you be very careful with this.  From my reading of your question, your husband’s previous wife would be entitled to half of his pension, but probably only for the years they were married.  If he continued working and gaining additional credits towards his pension, those years of service, after the divorce, would count towards his portion of the pension.  This portion of the QDRO needs to be carefully drafted so that each party receives the amount they are entitled to.   It is very important to be clear exactly what the divorce agreement requires. QDROs are usually prepared at the time of divorce so it is unusual that this was not prepared at the time of divorce.  You may want to check the court divorce file, or your husband’s former attorney.  Maybe it was prepared and signed by the Judge at the time of divorce and just not filed with the pension plan.

Greater Boston Divorce Mediator and Attorney, Tracy Fischer provides divorce mediation and family law services to couples and families in the Greater Boston area communities including : Dedham, Dover, Needham, Newton, Sherborn, Watertown, Wellesley and Weston.