Q. QDRO: The Ticket You Need to Get Part of Your Ex's Benefits:
A. Evan from Pension Evaluators & QDROS Of Troyan, Inc Associates Group says: "To make sure the pension plan recognizes your right to a portion of your wife's pension after the divorce you need to obtain a separate court order to present to the pension plan. This special order is called a "Qualified Domestic Relations Order" or QDRO. When the court awards your entitlements from her pension we must issue a domestic relations order granting you a share of your wife's pension. A copy must then be sent to the pension plan immediately for pre-approval review and to solidify your entitlements.
Generally, the plan will want to make sure of two things:
1. The court order contains all the necessary information so the plan can determine to whom, how much and when they will be required to pay, and
2. The court order does not require the plan to pay you in a form or at a time that would not otherwise be permitted under the plan. For example: One would not be asked to pay a lump-sum or single payment if the plan does not allow employees to draw their pensions this way.
As soon as the divorce proceedings begin, have your lawyer contact us for the QDRO procedures. Each pension plan is different, and we have developed valuable assets in our contacts at many to make it easier for the court, the ex-spouse, and your lawyer.
Settle all of the pension issues before your divorce is finalized by the court. If the pension is mentioned in your property settlement, but you do not get a QDRO at the time of your divorce, then you will have to go back to court later in order to obtain a QDRO. In doing this you will have to pay additional court and legal fees, and possibly run the risk of losing your share of the pension.
Beware of tradeoffs offered by your spouse – the value of your share of the pension may be higher than the value of the assets you are offered. Thus you may consider having Troyan run a Pension Evaluation to see if an immediate offset may be contemplated.
Under the divorce laws of every state, a pension earned during a marriage is considered to be a joint asset or marital property of both husband and wife, though restriction may apply. This means that it can be divided during a divorce. However, it is not divided automatically. You must specifically ask for a share of the pension at the time of your divorce and follow a specific procedure so that the court awards it to you."
Evan Edelstein
Lead QDRO Analyst