Hello there,

My husband and I are planning on going into a separation agreement, and it's pretty much uncontested.

He's been with his employer for 14 years, and we've been married for 7 years.
I don't work, I have Lupus .... and haven't for 8 years.

He has a pension, and I know that I'm eligible for a portion of that, but our question is ... am I able to get that with the separation agreement, or do we have to be divorced?

Another question we have is: Am I able to get a lump sum or do I have to take payments, and do the payments start when he retires, or am I able to get them now? I'm 51 and he's 55.

I know it may depend on his plan ... and the way they have things set up, but does anybody have any ideas on this?

Thank you,
Dee

Sounds like you need some legal advice from someone who is both qualified and fully informed of your facts. Some, but not all, attorneys who specialize in family matters are able to assist. If your attorney does not know of the importance of a Qualified Domestic Relations Order (QDRO), then you probably need another attorney.

Some information can be found here: http://www.pbgc.gov/forms/divorce.htm
And here: http://www.dol.gov/ebsa/Publications/qdros.html

To get you started, you may be able to get a portion of the pension, but not without a QDRO. Generally, a QDRO will divide the pension in some manner, but it does not change the terms of the plan itself; thus, your questions about age 55, or lump sum, cannot be answered here. But most importantly, read the resources above, and get competent legal advice. Another item that your attorney will want, at the least, is a copy of the plan's Summary Plan Description.