Remarriage


#1

Dear Allie:

Greetings. The best place to look for questions on social security is the social security website:

ssa.gov/

The general rule is that you must be married for 10 years to be entitled to your spouses’ social security benefits. You cannot change or modify social security benefits by a separation agreement.

Retirement plans, such as 401(k) and pensions, are divisible in separation agreements. But, even if you divide them in an agreement, you will still require a Qualified Domestic Relations Order to obtain the funds.

Moving out of state may affect the divorce, but the bigger question is why not complete your separation agreement prior to leaving and WELL BEFORE the divorce, so that you do not lose your rights to alimony and equitable distribution? Best of luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Where would one find a qualified domestic relations order or is it a document that you file?


#3

Dear Allie:

Greetings. There are no go-by forms for a QDRO on our website, because drafting a QDRO is HARD. If you think that you can do your own, you can review the Summary Plan Desription from the retirement plan of the account that you are trying to divide.

If you draft your own QDRO, get it qualified, and get everything that you are supposed to get in the transfer, please let us know. The best way to deal with a QDRO is to let an attorney draft it.

Now, I am going to climb on my soap box for a moment. What is more important: saving money now on an attorney or getting the retirement funds you negotiated for? Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

If a person remarries are they still entitled to ED benefits such as social security and retirement if stated in the settlement? Does moving out of the state affect the divorce when the time comes?

Thanks in advance