Legal Question in Family Law in California
Divorce & Retirement $$ w/CalPERS
My husband works for a city fire dept., who has
retirement thru CalPERS. Upon reading their
website's divorce/retirement info., they state that a
QDRO is for private retirement, not public such as
CalPERS. Is this correct? I was told diffently by an atty
in the past. Also, if it is,correct then what does one
recommend I look into regarding doing something
similar to a QDRO for public retirement? In other words,
what paper work needs to be completed and filed for
retirement after the divorce is finalized?
3 Answers from Attorneys
Reply: Divorce & Retirement $$ w/CalPERS
A QDRO is for a defined benefits plan whether public or private.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: Divorce & Retirement $$ w/CalPERS
Technicaly, CalPERS is correct it is not a QDRO. However, the pension plan is divided in the same method in which a private pension plan is divided, it is just not called a Qualified Domesitic Relations Order (QDRO). It is called an order dividing the pension plan, which is under the Public Employees� Retirement Law (�PERL�). A different name for the same process. Good Luck, Pat McCrary
Re: Divorce & Retirement $$ w/CalPERS
The Public Employees Retirement plan is the same thing as the QDRO. Just a different name. It would be divided the same way.
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