Early Incentive Pay Not Attached to Pension

Divorce Results from Newport Attorney Jeremy Howe

Newport RI Divorce and Estate Planning Attorneys Jeremy Howe & Associates secure a favorable decision for a divorce client in RI with pension issues.

Hired by client to review the terms of his pension plan along with the terms of his divorce decree and the Qualified Domestic Relations Order that had been entered at the time to divide his pension for the benefit of the ex spouse. His company had informed him that if he elected his early retirement, his ex-wife would receive about one third of his “early incentive pay.”

We brainstormed the issues with a colleague and had conversations with legal counsel for the company. Ultimately we sent a letter stating our position that the ex-wife should not receive any portion of our client’s early incentive pay since it was not part of his pension.

He received the entire amount.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Deceased Ex-Husband and RI Pension Funds

Results by Newport Attorney Jeremy Howe

Newport RI Estate Planning and Divorce Attorney Jeremy Howe and Associates drafts a Qualified Domestic Relations Order to secure retirement funds from ex-husband who died before reaching retirement age.

Hired by the Wife to complete the QDRO due to the fact her now ex-husband died before reaching retirement. The original QDRO that had been presented to the company was rejected and a final, revised version was never submitted by the original attorney before the husband passed away.

We consulted with the original attorney to reach a resolution. We drafted an Order that was acceptable to the Plan, and the division was made so our client could receive her portion of those retirement funds.

We also assisted our client in understanding the issues with regard to the potential rights of the ex-husband’s heirs and the company’s duty to all parties involved.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.