mtemp Posted August 30, 2020 Share Posted August 30, 2020 If I received half of my ex husband’s pension at the time of our divorce (2006), I am not entitled to anything more once he retires next year, right? There is a QDRO listed in his benefits from our divorce. Link to comment Share on other sites More sharing options...
david rigby Posted August 30, 2020 Share Posted August 30, 2020 Yes, no, maybe. Your entitlement to any benefits is directed by the terms of the QDRO itself. Important: if there are two plans (for example, a profit sharing/401k plan and a defined benefit pension plan), it's possible you could be entitled to payment from each, but at different times. While more details of your situation might make it possible to provide a more detailed answer, it's probably not appropriate for you to put a copy of your QDRO here. What did your attorney tell you in answer to your question? I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice. Link to comment Share on other sites More sharing options...
mtemp Posted August 30, 2020 Author Share Posted August 30, 2020 Thanks for your response. I really don’t know too much right now. I have not contacted my lawyer yet. Just found out about all of this the other day. I assumed I had already received everything I was going to back then. So I was trying to get a basic understanding. Would the QDRO be explained fully in my divorce papers? Link to comment Share on other sites More sharing options...
david rigby Posted August 31, 2020 Share Posted August 31, 2020 12 hours ago, mtemp said: Would the QDRO be explained fully in my divorce papers? The QDRO would be explained in the QDRO itself. Sometimes, due to inattention or sloppiness, the QDRO terms do not agree with the (more general) terms of the divorce/property settlement; making sure the former conforms to the latter is the job of the divorcing parties and the attorneys (ie, not the judge). This is important because the plan will follow the QDRO only. Your first job is to read the QDRO; your second job is to read the property settlement. I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice. Link to comment Share on other sites More sharing options...
QDROphile Posted August 31, 2020 Share Posted August 31, 2020 Also, a QDRO mentioned in divorce papers or property settlement documents and correspondence does not mean that a QDRO has been entered by the court or accepted by the plan(s). It is too common that the party (usually the spouse of the plan participant -- or the spouse's lawyer, typically) does not follow up after the divorce judgment and prepare and submit the domestic relations order and get it qualified to be a QDRO. If you do not remember this being done, you should RUN to your lawyer to see if in fact there is really a QDRO that provides you with benefits. Link to comment Share on other sites More sharing options...
mtemp Posted September 8, 2020 Author Share Posted September 8, 2020 Thank you. Link to comment Share on other sites More sharing options...
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