Retirement benefits earned during the marriage are a part of the marital estate. Of course, the parties may waive their rights to receive a part of the other’s retirement benefits, or exchange the value of the benefit for cash or other property. If the court determines that a spouse is entitled to a portion of the other’s retirement benefits, a Qualified Domestic Relations Order (popularly known as a QDRO) may be entered by the court at the time the final decree is entered. The QDRO will direct the employer or entity obligated to pay retirement benefits to make payment of a specified portion of the party’s retirement benefits to the other party.

Frequently Asked Questions

 


Q: What About Retirement Benefits?

A: Retirement benefits earned during the marriage are a part of the marital estate. Of course, the parties may waive their rights to receive a part of the other’s retirement benefits, or exchange the value of the benefit for cash or other property. If the court determines that a spouse is entitled to a portion of the other’s retirement benefits, a Qualified Domestic Relations Order (popularly known as a QDRO) may be entered by the court at the time the final decree is entered. The QDRO will direct the employer or entity obligated to pay retirement benefits to make payment of a specified portion of the party’s retirement benefits to the other party.


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