I live in Illinois. I was divorced in 1996 and awarded a portion of my X's pension. I received a copy of the divorce decree with a copy of the QUADRO. It indicated that I should notify them of any address changes so when I moved recently, I called the company to advise them of my address change. They told me that no QUADRO had ever been filed with them for me. I faxed them a copy of my divorce papers and they began the process for me. In the meantime, I phoned my attorney to advise him of this glitch. I found out he retired but since he was in with a group of attorneys, he still has a secretary handling his business. I told her the situation and she seemed as if she was not the least bit interested in helping me with the process.
Since then, I received a notice that I will begin to receive payments. Here are my 2 questions:
1) Had the QUADRO been filed correctly at the time of my divorce by my attorney, I would have been able to choose to receive benefits for my lifetime but because it wasn't filed prior to his retirement I can only receive a monthly payment for the length of HIS life, not mine. Since he is quite a bit older than I am, I will probably lose out on a good amount of money. Do I have any recourse through my attorney? (i.e. small claims court or filing an appeal with the company regarding their decision about the QUADRO)
2) Since he retired over a year ago, I lost a year's worth of benefits and the company is not going back to repay me. Do I have any recourse here either?
I hate to sound money hungry but in the divorce, I walked away with our camping equipment, 2 lawn chairs and a computer for our kids. (this was by my choice...I just wanted a divorce) I figured since I was going to get part of his retirement, I would not touch his 401 K or ask for the house, etc. So, I figure I would like to get what is legally mine at this time. What do you think?