Full question:
I am receiving alimony after a marriage of 27 years. I will be eligible to start receiving my share of my ex husband's pension in a few months. When if start collecting the pension, will I lose my alimony?
- Category: Divorce
- Subcategory: Alimony
- Date:
- State: California
Answer:
The termination of alimony depends on the terms outlined in your divorce decree. Generally, receiving funds from a pension under a qualified domestic relations order (QDRO) does not eliminate your right to alimony. Alimony can be periodic, lump sum, rehabilitative, or reimbursement, and may be awarded as permanent or temporary by a judge. Courts have discretion in determining the duration and conditions of alimony.
If your ex-spouse fails to comply with the divorce decree, you can file a motion for contempt. The court retains the authority to enforce property division as stated in the decree and can issue further orders to clarify or implement it. This may include a clarification order, a money judgment, or enforcement through contempt.
A QDRO is a court order that assigns pension or retirement benefits for alimony or child support, or divides marital property in a divorce. Under federal law, the administrator of the pension plan is responsible for determining whether a domestic relations order qualifies as a QDRO. There is no statute of limitations for filing a QDRO, but delays can affect the alternate payee's interest if the participant dies or makes irrevocable retirement elections. For specific advice, consider consulting a local attorney who can review your situation.
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.