Legal Question in Family Law in Oregon

Re: Pension value

Brad Creveling

The Creveling Company

1180 S.W. Chesnut Drive

Portland, OR 97219

503.246.1654

The pension only needs to be valued if it is (1) a "defined benefit" plan (the kind to which the employee makes no contribution) and (2) your intent in the divorce case is that husband keep his pension 100%, to be "offset" by other property being awarded to you.

Usually, it is more advantageous to you to simply have the divorce court award you 50% of husband's pension interest, with the award being implemented through a QDRO ("qualified domestic relations order," as allowed by federal law). Doing it that way avoids the need for any actuarial present-value analysis.

Also, if the plan is a defined contribution plan, such a a 401(k) plan, the "value" is simply the accout balance as of any given date. For divorce purposes, best way to treat this type of asset is to simply award you 1/2 (50%) of the account balance as of a given date (such as date of divorce), and then use a QDRO to have the plan administrator distribute your share directly to you (or to an IRA account that you disignate).

Need more info? I am available for legal consultation. Give me a call. We can make an appointment for further assistance.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]