Legal Question in Family Law in California
Divorce pension split question
My husband and I are being divorced. I have an interest in his pension plan. I have heard that through a process called "Quadro", I will receive my portion in a separate account, rather than staying in his pension until he retires. Do you know anything about this?
1 Answer from Attorneys
Re: Divorce pension split question
Yes.
A Qualified Domestic Relations Order (QDRO) is used to enforce the spouse's rights against most pensions. Many
government plans, and the Railroad Retirement Act pensions, are exempt, although most government plans will recognize
an order in the form of a QDRO. In many cases a separate account will be set up for you, and you will be able to make
separate choices on your share of the pension, but in no event getting rights in excess of that given a Plan member. In some
other cases, you will have to go along with certain elections of the Plan member (although you may have additional rights in court).
In other situations, you may simply receive your share in a lump sum which must be properly rolled over into an IRA or other
qualified account.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
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