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previous QDRO new marriage new spouse


Guest dammitang

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Guest dammitang

I was married for 21 years and that ended in divorce. I have a QDRO from that marriage which entitles me to half of my ex spouses retirement account.. PERS to be specific, we lived and Divorced in Nevada...

I am remarried and unfortunately looking like facing another divorce, this time I was married and live in Oklahoma... My current spouse is trying to tell me that he is entitled to half of my half of my QRDO from my previous decree. Is he correct? From what I read, he is not, nor can I even leave this monies to my own children, from what I can tell, if I die, then all my QDRO monies returns to its original owner, my ex spouse... and I can leave no beneficiaries.. My ex is not retired yet, and is not eligible to retire for 4 more years without penalty...

Thanks for any assistance in advance... :ph34r:

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Guest dammitang
I was married for 21 years and that ended in divorce. I have a QDRO from that marriage which entitles me to half of my ex spouses retirement account.. PERS to be specific, we lived and Divorced in Nevada...

I am remarried and unfortunately looking like facing another divorce, this time I was married and live in Oklahoma... My current spouse is trying to tell me that he is entitled to half of my half of my QRDO from my previous decree. Is he correct? From what I read, he is not, nor can I even leave this monies to my own children, from what I can tell, if I die, then all my QDRO monies returns to its original owner, my ex spouse... and I can leave no beneficiaries.. My ex is not retired yet, and is not eligible to retire for 4 more years without penalty...

Thanks for any assistance in advance... :ph34r:

I think I may have answered my own question..... see below (and it looks like the next ex is not correct) lemme know what your take is

At the time the member retires, PERS will

notify the ex-spouse (Alternate Payee) that payment

will commence. PERS will not pay benefits to

an Alternate Payee before the retirement of the

member. The Alternate Payee will be responsible

for any federal income taxes owed on the monies

and can designate a bank or their home to receive

their portion of the benefit. The Alternate Payee will

receive the payment until the member dies, goes

back to work in a PERS eligible position, or does

not provide PERS with requested paperwork. If the

Alternate Payee dies prior to the death of the retiree,

the benefit ceases. The Alternate Payee cannot

designate anyone to continue to receive his or her

portion of the retiree’s benefit. The portion that was

paid to the Alternate Payee reverts to the member.

5. PERS provides a defined benefit plan, and as

such, the Alternate Payee may not assign these

benefits.

http://www.nvpers.org/public/beneProgs/Per...rceBenefits.pdf

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I was married for 21 years and that ended in divorce. I have a QDRO from that marriage which entitles me to half of my ex spouses retirement account.. PERS to be specific, we lived and Divorced in Nevada...

I am remarried and unfortunately looking like facing another divorce, this time I was married and live in Oklahoma... My current spouse is trying to tell me that he is entitled to half of my half of my QRDO from my previous decree. Is he correct? From what I read, he is not, nor can I even leave this monies to my own children, from what I can tell, if I die, then all my QDRO monies returns to its original owner, my ex spouse... and I can leave no beneficiaries.. My ex is not retired yet, and is not eligible to retire for 4 more years without penalty...

Thanks for any assistance in advance... :ph34r:

There are two seperate issues that need to be answered.

1. Who can receive benefits under the QDRO for your ex's benefit. Only Nevada PERS can tell you what the rules are. If your first ex's benefits are payable to you alone then it is highly unlikely that PERS will agree to pay some one else with you.

2. Are the QDRO benefits part of maritial property which can be divided in divorce? This is determined by OK law. However most states that have equitable distribution law for divorce (where the court divides the property of both spouses without regard to who legally owns it) can only equitably divide property acquired during the marriage. In otherwords your PERS benefits payable under the QDRO were acquired before your present marriage and are not subject to division by an OK court in divorce. If OK law applies the separate property rule instead of equitable distribution then your QDRO benefits and any other property held only in your name will be exempt from division in divorce. Few states apply separate property to divorce.

EDIT: OK is an equitable distribution state and property acquired before the marriage is not subject to equitable distribution. your pension benefits payable under the QDRO are not subject to division by the divorce court. You can google "Oklahoma Division of property in divorce" for an explaination.

You need consult with a divorce lawyer to determine what rules apply to your case.

mjb

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