Do I have any legal recourse that would either force or allow me to by-pass my ex-wife’s signature on retirement pension survivorship benefits?

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Do I have any legal recourse that would either force or allow me to by-pass my ex-wife’s signature on retirement pension survivorship benefits?

During the process of filing for divorce and filing of QDRO, it was agreed upon that my ex-wife would accept the one time 60 month option for survivorship benefits, where my retirement pension was concerned. Now that it is time for her to sign and return the documents forwarded to her by the Trust Administrators, she is refusing to sign. I have already signed my part and am waiting to mail back the rest of the paperwork. Do I have any legal recourse that could force her to sign or bypass her signature altogether? She is preventing me from receiving any retirement benefits and savings.

Asked on December 31, 2011 under Family Law, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  I am hoping that when you say here that she agreed to this distribution of the pension plan she did so in writing and that it was incorporated in to your divorce settlement.  Then that the settlement was incorporated in to the order of the court.  That would allow you to bring her back to court on the basis of contempt and breach of the agreement.  A court could enforce the issue on many grounds.  I think that you will need help here and that you need to bring an expedited motion on the matter as your retirement is at stake. You can not, however, "by pass" her signature without a Judge ordering it.  Good luck.


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