Legal Question in Family Law in Florida
Recently divorce and I get 50% of my Ex�s Pension. The Pension is a Defined Contribution Plan 403(b). The QDRO hasn�t been drafted yet. I�ve been doing some research on QDROs. My first question is: Who determines whether the QDRO is going to be a Shared Interest or a Separate Interest QDRO? ( I prefer a Separate Interest QDRO) My second is: With a Separate Interest QDRO, would I have to wait until my EX is eligible to receive payment from their account before I can receive payment from my account?
2 Answers from Attorneys
If the retirement is military then you have to wait until he takes it. Most of the cases you can take the monies once the order is processed. I would need to review your documents. Contact my office for free consultation.
You need to check with the company who will be issuing the funds. they sometimes have their own QDRO format - if your document from the court states that you are to received 50% - it would be that you will received a separate amount. As to the second questions, no. You can not received until he begins receiving his pension unless the court designated a date. Under civil pensions, you may be able to receive the 50% and have it transferred directly into your IRA in order to save on tax penalties. I suggest you contact your attorney if you are still using this person, or contact an attorney who is familiar with QDROs and taxes.
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.
