Divorce and Pensions
Divorce and Pensions
Pensions or 401k or any other retirement account is an asset subject to equitable distribution. The amount you are entitled to is the amount that was accrued during the course of the marriage (the date you were married through the date the Complaint for Divorce was filed). The Divorce Reform Act of 1988 created a way for non-participating spouses to obtain the benefits just as the participating spouse through a Court Order called a QDRO.
QDRO stands for Qualified Domestic Relations Order. Most companies have a separate legal department to handle the entry of these orders. They are quite complicated to complete and each employer may have their own form they require. You should consult with your attorney to have them handle the preparation of this special order.
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