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  1. #1
    Join Date
    Nov 2005
    Posts
    1

    Default QDRO's

    I was divorced in 1999. Per the QDRO, my ex is entitled to 35% of my pension. I became eligible for my pension in 2004, however, I do not intend to start taking my pension until 2014, as the value will have almost tripled by then. My question: Does my ex receive 35% of my pension's value as of the date of divorce, or as of the date I became eligible in 2004, or will she receive 35% of the 2014 value?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default QDRO & Pension

    Unfortunately, that's going to depend upon the terms of the QDRO and how it is interpreted by your plan administrator. I suggest you discuss the QDRO with a financial expert (a lawyer or accountant who works with QDRO's, preferably including those administered by your employer) to determine your ex-spouse's rights.

    Ordinarily I would expect that your ex- would be entitled to appreciation on her share of the pension as of the time of divorce - which is to say she would benefit from the growth of that portion of the pension, but not the portion reserved to you or resulting from subsequent contributions to the pension plan. (But I've seen some crazy QDRO's, sometimes having effects that none of the lawyers or parties anticipated.)

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