Legal Question in Family Law in Connecticut
My husband retired in April of 2010. We are in the process of getting a divorce. He is collecting his Pension. I am listed as his survising spouse but that will end once divorced. Where can I get a Quadro form & with whom do I file it with in order to protect benefit to me & our children?
1 Answer from Attorneys
The purpose of a QDRO (qualified domestic relations order) is to divide a retirement account between spouses. It is primarily used to execute the final judgment of divorce which awards the other spouse a portion of the retirement account.
It is possible that you could be awarded a portion of his retirement depending on the number of years of the marriage and other factors. If that is so, then a QDRO would be executed after the divorce is final to give you your share. It's a complicated process and must be drafted by an attorney, sent to the retirement department which manages the retirement account, approved and then sent to the court to be approved by the judge.
Not all retirement plans provide for a surviving spouse upon the death of the retired spouse. If it does, you would have to make sure your final judgment of divorce orders that you and/or the children are made the beneficiaries of the plan.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
