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My Divorce Decree says that my ex-wife is entilited to "any benefits under my pension plan"

Does that also mean she is entilited to health care when I retire or a payment I am required to make to pay for part of her health care?

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I think that is a question for your lawyer and her lawyer to debate.  

No one can answer that question based on the 6 words you provided.  

 

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.

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31 minutes ago, Effen said:

I think that is a question for your lawyer and her lawyer to debate.  

No one can answer that question based on the 6 words you provided.  

Exactly right.  And... those six words are breathtakingly poor documentation for any divorce decree and/or 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.

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Agree with everyone else who has commented. You have a lot of divorce questions on here - you need to consult a good attorney! 

4 out of 3 people struggle with math

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I suspect the judge meant defined contribution plans and defined benfit plans. 

In a defined contribution plan like a 401(k) the Court would have specified an amount or a percentage as of a certain valuation date that she was to receive and if that amount would include or exclude loans and if the amount awarded was to be adjusted for gains and losses from the valuation date to the date of transfer to you.  

With regard to a defined benefit plan, in my State of Maryland  and in other states (Iowa and Tennessee and maybe others) if the Court does not specifically mention surivor annuity benefits in the divorce degree, the former spouse does not receive them...full stop.  So you need to ask you lawyer if that is true in your state as well. 

And in a definined benefit plan the Court would have had to specify the amount or percentage or a formula to compute the amount of retirement annuity that your former spouse was  receive.  And if survivor annuity benefits were awarded, the divorce decress woud have to state the amount or percentage or a formula to compute the amount of the former spouse's share and who was to pay the cost of this survivor benefits.    

As for health care, she cannot be on your health care plan after the divorce.  She will have COBRA benefits through your employer for 36 months at her expense.  Courts only have the power to do what State and Federal law authorize them to do.  I have never seen a state law that give a court to order a party to order a party to provide health insurance to a spouse beyond the termination of the marriage.  If the Court is concerned about the former spouse's abilty to pay for health insurance, the Court will order the payment of alimony. 

When your provide the complete language of divorce decree we may be able to help you. 

David   

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