I believe that the spouse cannot be disenfranchised without signing a
formal waiver. You need to ask the Benefits Specialist in charge of her
plan.
Roz
Rosalyn A. Metzger LLC
Attorney-Mediator
P. O. Box 5104
One Leigh Street
Clinton, New Jersey 08809
(908) 238-0099
[email protected]www.mediate.com/rmetzger------------------------------------------------------------------------
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Original Message------
I have no idea why this came through as a blank message a couple of minutes ago. Re-trying:
Defendant defaults on complaint.
There's no joint property, no kids, each party is employed.
If the case goes through as an uncontested (default / no notice of ED) and a judgment entered saying, among other things, "no equitable distribution is awarded to either party", is there a danger that defendant could later come back when plaintiff retires and assert a right to share in her pension under ERISA? Does it grant independant rights to share in a pension? Does the State court judgment need to specifically say that the parties waive any right to share in each other's retirement accounts?
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David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
www.FamilyLawNJ.pro
Voice: 609-737-2222
Fax: 609-737-3222
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