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Guest ewick

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Suppose a couple were married 20 years and the wife didn't work. They get a divorce after 20 years and the man continues to work another 10 years. Per majuska/majuska she is entitled to a percentage of his retirement during the years of marriage.

Now because pensions increase most during the last few years of service is she only entitled to the "earlier" value of the pension and not the portion that increased towards the end?

Just to pick a number the first 20 years it might have been worth lets say $200,000 if I had left the company at that time.

But if I work 10 more years the total worth might be $500,000.

If the her percentage is 50% does she get $200,000 times .50 = $100,000? ....... and I get $400,000?

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  • 2 weeks later...

I'm unfamiliar with the case you cite, because a majority of my familiarity with DRO rules is based on California law. In California, pursuant to the Brown decision (which I guess is what the decision you cite is similar to), your spouse would get an increase based on your increase. They would be entitled to 50% of the amount that is based on the fraction of your benefit accorded to the community. If you were in the plan a total of 30 years and you were married for 20 of them, then 2/3 of your benefit would be community and 50% of that, or 1/3 of the total would be your ex-spouse's interest. That would mean your ex-spouse would get 1/3 of the total, which is $166,667.

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