Legal Question in Family Law in Maryland
As a part of my divorce, the judge ordered a QUADRO. I am to receive an award of my ex-Husband pension from his federal job. Can the pension be dispursed to me now or will I have to wait until my Ex-Husband retires?
1 Answer from Attorneys
If the order applies to his defined benefit pension (either Civil Service Retirement System or Federal Employees Retirement System), you have to wait until he retires. If the order applies to his defined contribution plan (Thrift Savings Plan), you can access the funds now. You can also choose to roll the funds over into a qualified retirement plan of your own or take the funds in cash, or some combination of the two. If you take cash, you pay ordinary income tax, but not penalty. If you roll the money over into a qualified retirement plan of your own and THEN change your mind and want cash now, you pay income tax and a 10% excise tax.
These are complex issues, and you should speak to competent counsel for advice.