I was divorced from my ex-spouse (Korean)in 1995. The divorce court ordered my retirement benefits to be paid for 8 years upon retirement. I have had no contact with my former spouse since 1995;the former spouse no longer lives in the United States (through search using peoplefinders.com). I plan to retire in January of 2015. There were no children associated with my marriage to the former spouse. I want to petition the court to consider a new judgment in Bexar County Texas to consider reversing the 8 year retirement court order. Is this possible to approach the court and request a hearing on this retirement benefit matter? My ex-spouse no longer lives in the United States (again according to Peoplefinders.com). I have a number of newspaper ads attempting to locate my former spouse to no avail. Any assistance or insight concerning my chances of successfully appealing the court-order and receiving a favorable judgment concerning retirement benefits would be greatly appreciated and most helpful.

Was a QDRO delivered to the retirement plan administrator? If so, it should contain your ex's address.

What grounds do you have for requesting that the order be changed? The simple fact that your ex spouse cannot be located is probably going to be insufficient.

A copy of the divorce decree was mandated to be delivered to my Human Resource office at the time of the divorce in 1995. My former spouse's address in the divorce decree is listed. The address listed in the decree is in Korea and informal letters have not been answered. I plan to send at least three (3) more letters (certified going forward) with a return receipt request. The content of the letters is to request her consideration to forfeit her rights to court ordered Retirement Benefits. The grounds for my requesting the judge revisit the court order is follows:a) The financial state vastly improved upon returning to Korea. b) Direct knowledge after the divorce and upon returning to Korea, a hotel was purchased by former spouse.c) My recollection from post divorce conversation with former spouse she was doing quite well.d) Former spouse has no intentions to return to the United States.e) My sustainability after retirement will be greatly impacted under the current court order.Thanks for the quick response. Your input is very helpful.

Any guidance or legal opinion concerning this 50/50 for 8 years retirement issue?

Hope for the best, plan for the worst. To be frank, you should have planned for the worst YEARS ago when the order was put in place.

The grounds you list don't appear to be sufficient. They don't suggest a material unforeseen change in circumstances. The fact that she is doing well is great, but no reason to reduce your required payments. I fail to see why the fact that she is no longer in the U.S. should have any bearing on the issue.


You indicate that you don't know her present address, but it appears that the money is getting to her, right?

AK LAwyer, since my initial submission to the Ask Me Help Desk, concerning retirement benefits awarded to my ex-wife, I have sent two (2) certified letters through the USPS, advertised in a Texas newspaper. Neither letter received a response nor have I received notice of delivery from teh USPS (approximately 45 and 60 calendar days ago). Moving forward, is it possible or can you recommend a Family attorney (hopefully in Texas) who can review my case? I would like to petition the San Antonio, Texas court and request they revisit this issue given the circumstances of an absent ex-spouse, have them petition her and consider a ruling more favoarble if she fails to show up to court.

By the way, I am not yet retired. I am eligible and contemplating retirement within the next year or so. The annuity has not been touched and cannot be until I retire. I am eligible for retirment (I will be 57 years old next month in October). I would like to resolve this issue prior to submitting my documents. If the court does not rule in my favor for default, what happens to her share of the 8-year annuity? Do you think it is worthwhile to pursue the court to revisit the prevous court decision?

Please advise.

Thank you.

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Originally Posted by AK lawyer

Was a QDRO delivered to the retirement plan administrator? If so, it should contain your ex's address.

What grounds do you have for requesting that the order be changed? The simple fact that your ex spouse cannot be located is probably going to be insufficient.

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A QDRO has never been submitted to HR for the annuity.

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Moving forward, is it possible or can you recommend a Family attorney (hopefully in Texas) who can review my case?

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No. That is not what we do here. Even if I knew an attorney in Texas, I believe it would be against the forum rules to suggest that attorney to you here.

The only suggestion we can make for an attorney is to call your State Bar Assc. They can recomend one to you. We arent allowed to give out an individuals name as it is against the sites rules.

Great and thanks. I have successfully located and interviewed several attorneys since my last submission. Thanks for your responses.