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  1. #1
    Join Date
    Feb 2009
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    17

    Default Statute of Limitations for Pension and Alimony

    My question involves divorce in the State of: FL

    I'm sorry if I have posted in the wrong forum. This is for a senior friend of mine.

    My ex-spouse was, according to the settlement agreement, to pay me half of his salary in alimony, and half of his pension.

    I never received either, and have not taken any action to receive them. Is there a statute of limitations regarding how much time I would have to enforce getting the alimony or pension?

    Thank you.

  2. #2
    Join Date
    Sep 2005
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    75,031

    Default Re: Statute of Limitations for Pension and Alimony

    For the salary, what are you waiting for? Why haven't you, long ago, filed a motion to compel payment? How long have you been waiting?

    For the pension, you need an order filed with the plan administrator directing payment of a portion of the pension to you. This is likely going to be a QDRO (qualified domestic relations order), but it could be any one of a number of variants on the QDRO. This order should be prepared consistent with the judgment, and there are a lot of technicalities to comply with. Lawyers often hire specialists to prepare QDRO's. Once a pension goes into pay status, you probably won't be able to get an order in place.

    You should consult a lawyer about making sure you're protected on the pension, if not what you need to do, how to collect any alimony owed from past salary, and whether you've waited so long that you can't fully enforce your rights.

  3. #3
    Join Date
    Feb 2009
    Posts
    17

    Default Re: Statute of Limitations for Pension and Alimony

    Thanks for the info.

    Like I said in my post, it was for a senior friend of mine. She is my neighbor, and told me she never took any action to get either half of his alimony or his pension. She said it was maybe 15 years ago. She only asked me because I went through a divorce myself a year ago.

    I'll have her call an attorney. I thought maybe there was a specific time period in some statute stating whether she could still enforce the judgment. She doesn't still talk to her ex-spouse, and I'm pretty sure he's retired so 50% of his salary (which was the alimony award) is probably worthless at this point. And she is pretty sure he is already collecting his pension.

    She only decided she'd like to pursue it now as before she never really needed the money, but now her children are in financial straits and this is what led her to think about the judgment. Of course now she's regretting she didn't take action sooner.

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