Legal Question in Family Law in Maryland

Re: QDRO and pension

Retirement benefits are marital property, and are therefore not automatically counted as payment toward alimony. However, they would form the basis of seeking a modification of alimony once the distribution of retirement benefits begins. First of all, the ex-spouse paying the alimony is quite likely receiving less in benefits than he was when he was actively employed, unless he has begun a new career. Second, the benefits being paid to the other ex-spouse reduces the gap between her expenses and income (including alimony), thereby reducing her need for the same amount of alimony.