Question asked on March 23, 2020
Q: Can a person refuse to retire when eligible to avoid paying their ex part of their retirement that was stated in the divorce papers?
A: Short answer: “maybe.” Much depends on exactly what your divorce decree says, but Nevada law has held since 1989 that the spouse is entitled to payments upon the worker’s ELIGIBILITY for retirement. See the article titled Retirement Plan Division: What Every Nevada Divorce Lawyer Needs to Know (CLE, Ely, Mar., 2013) posted here, and especially its discussion of Gemma and Fondi. This firm, and our QDRO Masters division, are experts on this subject, so if you have any further questions after referring to those materials, find a copy of your underlying divorce decree and call; we should be able to answer all your questions.
