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A Little Refresher Course on QDROs and Governmental Plans
Cypen & Cypen Link to more items from this source
[Guidance Overview]
June 5, 2015

"[A] QDRO cannot be enforced against a governmental plan which contains an anti-alienation clause.... [A]lthough a so-called QDRO might be enforceable as an Income Deduction Order under Section 61.1301, Florida Statutes, if it is for collection of either alimony or child support, it cannot be used to force direct payment to another of a retiree's pension benefits in order to achieve an equitable distribution of the parties' marital assets.... In an extremely well reasoned opinion, the First District Court of Appeal discussed all of the above arguments and correctly rejected them, holding that a trial court lacked the power to order a governmental pension plan to pay to one former spouse a portion of the other former spouse's retirement pension benefits as part of a plan for equitable distribution of marital assets."

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