Full question:
I've been divorced since June 2,2006 and have a QUDRO. i have reached my retirement. the decree states my ex-spouse is entitled to 50% of my pension, however my pension is paid in two parts. The question I seek is if I receive $500.00 from the company I will also receive an amt. termed supplemental in the amt. of $2,500.00. Is my ex only entitled to 50% of the $500.00 or is she also entitled to any of the supplemental that I will receive? Also i,m ordered to pay $150.00 per week alimony for a period not to exceed 84 months, but is termed as modifiable as to the amt. but not to the term so my last question is can I revisit the court's on this issue and request a reduction on the alimony since my income upon retirement will be significantly reduced? I require a reply A.S.A.P. as today is my end of an addition incentive proposal to which my ex has no entitlement to any additional proceeds to this offer.
- Category: Divorce
- Subcategory: Modification
- Date:
- State: Ohio
Answer:
A Qualified Domestic Relations Order (QDRO) divides pension benefits in a divorce. Your ex-spouse is entitled to 50% of the pension benefits specified in the QDRO. If your pension consists of two parts, your ex is entitled to 50% of the $500 you receive. Whether your ex is entitled to the supplemental amount of $2,500 depends on the specific language in the QDRO. You should review the QDRO carefully or consult with a divorce attorney for clarity on this matter.
Regarding alimony, in Ohio, you can request a modification if there is a significant change in circumstances, such as a decrease in income due to retirement. Since your alimony is modifiable in amount but not in duration, you can return to court to seek a reduction based on your reduced income. The court will consider various factors, including your current income and financial situation, when deciding on the modification (Ohio Rev. Code § 3105.18).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.