My ex and I were divorced in January, 2010. He agreed to pay me $1500.00 a month out of his retirement and told me he would get the form from O.P.M. (he was retired from the Federal Government). In the divorce it says he will pay me $1500.00 a month until I DIE. His attorney put in the divorce papers I would be given a Promissary Note detailing the payment schedule, and neither one of them did as they stated. No Promissary Note and my ex did not get the QDRO. I do get my $1500.00 a month from him but if he precedes me in death, I will no longer get my $1500.00 since it comes out of his retirement check. What are my options because I will pay to go back to court and for an attorney, if I am allowed to do so legally. He filed divorce when I was unemployed and I did not and could not afford an attorney. We were married 19 and a half years and lived together a year and a half prior to getting married.

I am dependent on this to go along with my social security I will be getting in a few years to survive. I am 61 years old and need some advice.

Is he willing to sign the papers, (is he in agreement)

If the divorce decree specifies this, then yes, you need to go back to court to enforce the decree provisions. I'm curious about the promissory note. A promissory note is generally used as a promise to repay a loan. So I'm unclear as to its applicability here. Here is info on QDROs http://www.dol.gov/ebsa/publications/qdros.htmlEssentially you have to be listed as an alternate payee on his retirement plan so you can continue to get benefits upon his death. However, if he has started receiving benefits it may be too late. Establishing an alternate beneficiary, usually has to be done before payouts begin. On the other hand, he can establish an annuity that will pay you that amount for life.