Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #3:
After 4 years I have finally been granted a divorce in NJ. The Judgment states that we will split our marital assets 50/50, including 401K's, Pensions, and IRA's. Since my ex made more money than I, he has more money in his 401K's, etc. I contend that I should get some type of return on the money, which was calculated in 1995, when we separated. He contends that since the Judgment doesn't say anything about interest, I shouldn't get any interest or return on the investment whatsoever. My contention is that he has had the benefit of the money since our separation in '95, and my money was frozen. HELP! I go back to court on 7/26, without an attorney since I can't afford one. My ex is still represented and his attorney said that I should just accept the QDRO without interest and be happy. I'm not happy, but should I just accept it or fight for my rights to interest (if I have the right to ask for interest).
Answer:
It seems only fair that you should receive the interest earned on the money that was yours as of the separation date.
It would be unjust to allow your ex-husband to reap the benefit of the interest earned on your money. The QDRO should have included the interest as well and you have every right to ask the court to amend the QDRO to include the accrued interest on your portion of the division of marital assets.

Go get it!

Good luck!

Leonard M. Weiner, Esq./Divorce Solutions

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