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  1. #1
    Join Date
    Feb 2012
    Posts
    8

    Default Does Your Spouse Get a Share of a Pension That Had Not Vested When Divorce Was Filed

    My question involves a marriage in the state of: Missouri

    My ex's attorney has delivered a QDRO to me- she's shooting to get a portion of my retirement.
    My question is this:
    At the time of our divorce, I was not yet vested in the Union, and if I had quit my job at that date, my retirement would have been zero.
    Is she still entitled to something that was accrued AFTER our divorce?
    Thanks in advance for any information regarding this issue!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Does Your Spouse Get a Share of a Pension That Had Not Vested When Divorce Was Fi

    What did the divorce settlement say?

  3. #3
    Join Date
    Feb 2012
    Posts
    8

    Default Re: Does Your Spouse Get a Share of a Pension That Had Not Vested When Divorce Was Fi

    It referred to a standard order (paperwork/QDRO) of her getting a portion of my pension determined by my years of service compared to years married to her, etc., BUT if at the time of the divorce, I was not yet vested and eligible for no retirement from my employer. Her attorney at the time had plugged it in as standard practice of writing up a decree.
    So out of a 6 year marriage and four of that in the Union, and considering the circumstances of our divorce (infidelity on her part), I'm having trouble seeing as to how she is eligible for ANY portion of my pension.

  4. #4
    Join Date
    May 2013
    Posts
    125

    Default Re: Does Your Spouse Get a Share of a Pension That Had Not Vested When Divorce Was Fi

    Quote Quoting moredman
    View Post
    At the time of our divorce, I was not yet vested in the Union, and if I had quit my job at that date, my retirement would have been zero.

    Is she still entitled to something that was accrued AFTER our divorce?...
    Regardless of your personal opinion on how this should shake out, the fact is she may indeed be entitled to an interest in that portion of your retirement benefits you earned during your marriage.

    Although you vested after the divorce, you still earned it during the marriage. The fact that you could have walked away from it, and chose not to, does not change the fact that you NOW have a tangible asset that was earned DURING the marriage.

    And if she has an attorney and you do not, it is not a stretch to assume you will lose any arguments to the contrary.

    She may be entitled to half of your four years. What that may equate to you is if you retire after 20 years, her interest is 4 of those 20 years, or 1/5th of your pension. And half that would be 1/10th or ten percent. So she may be entitled to a 10% cut of your 20 year pension. If you retire at 30 years she gets 7.5%, although you both actually end up with more $$ after 30 years than after 20.

    You should at the very least pay an attorney to review the wording of the order prior to it being signed, to ensure there are no mistakes and she does not end up getting far more than you bargained for when it comes time to retire.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Does Your Spouse Get a Share of a Pension That Had Not Vested When Divorce Was Fi

    You're going to need to have your attorney involved. What she may or may not be entitled to in a divorce situation is determined by the divorce settlement. You will not find a law that states that she either is, or isn't, entitled.

  6. #6
    Join Date
    Feb 2012
    Posts
    8

    Default Re: Does Your Spouse Get a Share of a Pension That Had Not Vested When Divorce Was Fi

    I do have my attorney involved, and after a quick search of similar cases on the web, I can understand why she may feel that she's entitled to a portion of my retirement.
    I appreciate your advice and information, but I do believe I'll confer solely with my attorney from here forward regarding this matter.

    THANKS!

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Does Your Spouse Get a Share of a Pension That Had Not Vested When Divorce Was Fi

    I think that's very wise. Your attorney is in a much better position to advise you.

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