Legal Question in Family Law in Kansas
QDRO and Defined Benefit Retirement Plan
A man who is vested in his company's defined benefit plan (Non-contributory) is divorced by his wife. The man, upon retirement, can only receive monthly payments, not a lump sum distribution. The wife obtains a QDRO giving her a portion of the retirement benefit.
Can she insist that she be given a lump sum distribution? Can the company handling the retirement benefit insist that she take only monthly payments as her husband is required to do upon his retirement?
Stated another way, can the QDRO create a benefit (lump sum payment) that is not available to other members of the retirement plan (must take monthly payments)?
1 Answer from Attorneys
Re: QDRO and Defined Benefit Retirement Plan
Unless specifically provided for in the Plan, a QDRO cannot create a benefit (lump sum payment) that is not available to other members of the retirement Plan.
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