Eagle, CO Divorce Law Firms & Lawyers

To be able to obtain entitlement to the retirement of your, what seems now ex-husband, you must draft and submit to the retirement company a QDRO, Qualified Domestic Relations Order. This is an Order that a lay person is not recommended to prepare, in fact, many attorneys do not draft these orders. But, one must be prepared and submitted to the retirement company so when you become entitled to the funds, when your husband or ex-husband retires, you can receive your share. The information above is for informational purposes only and shall not be construed as legal advice.

The best answer to your question will depend upon certain facts which are not disclosed in your question. For example, is there substantial equity in the house (i.e. value over and above any mortgage or other liens). If so, you can protect yourself by placing a lien on the home which you would not discharge until your ex-husband pays you your money. It is important to do this as soon as possible after your divorce so that your ex-husband does not have the opportunity to take out an equity line or incur any other type of debt which becomes a lien on the property (your lien is superior to any liens that arise after you record, it is subservient to any liens that predate your filing). If there is little or no equity in the house (or at least less than 25K), are there other assets against which you could have a lien to secure your debt? If your judgment has not yet been finalized, you should make sure that there is language in it describing your lien(s). If your name is still on a mortgage, you will also want to make sure that the judgment contains consequents (immediate listing and sale) if your ex-husband defaults on the mortgage payments.