Jump to content

Integrated Pension Plan and Divorce

Recommended Posts

The husband is a Participant in a Plan that will reduce his pension annuity benefits when he begins to draw Social Security benefits, that is, it is an "integrated" plan.  The parties have agreed that the wife will receive 50% of the marital portion of his retirement benefits (and are agreeable to either a shared interest allocation or a separate interest allocation). 

The question is whether or not it's possible to somehow freeze the wife's share of the husband's pension annuity so that her share will not be reduced when the Social Security causes the reduction in the husband's pension benefits.  As you may know, Social Security benefits are not considered to be "marital property", so if I cannot fix the problem her share of his benefits will decrease, and his benefits will increase, by an amount of his Social Security benefits not paid to his wife.  It is too late to consider workarounds like paying alimony equal to the wife's net loss. 

I have prepared QDROs for 33 years and never seen this addressed in any QDRO packages prepared by any Plan Administrator, or any any of the QDRO treatises I have on my desk.  

Thanks for your thoughts.


Link to comment
Share on other sites

Closing this due to double posting.  Probably s/b kept in this board but someone already replied in Defined Benefit Board.  

See thread of same name in Defined Benefit Board

integrated-pension-plan-and-divorce on the defined benefit board

The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.

Link to comment
Share on other sites

  • Effen locked this topic
This topic is now closed to further replies.
  • Create New...