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Articles, News & More.

Why is a Notice of Adverse Interest critical?

What is a Notice of Adverse Interest?A Notice of Adverse Interest (“NAI”) attempts to stop a plan participant from touching retirement funds that a former spouse (“alternate payee”) may be entitled to by providing adequate notice to a plan of a divorce or pending divorce. In many cases, a NAI sent to a plan may […]

When should California Joinder Pleadings be done?

What are joinder pleadings?California Joinder Pleadings (“Joinders”) which join a retirement plan in a divorce case are an attempt to stop a plan participant from touching retirement funds that a former spouse (“alternate payee”) may be entitled to by providing notice to a plan of a divorce or pending divorce. In many cases, Joinders sent […]

As the nonmember spouse, do I pay taxes on payments made from the QDRO?

The answer is YES! One of the purposes of a QDRO is to allow for the nonmember spouse (alternate payee) to pay taxes on any benefits paid to the alternate payee instead of a participant. If the alternate payee is not rolling over funds to an IRA or other defined contribution plan, then the alternate […]

How to make sure survivor benefits are payable under FERS or CSRS

This article highlights key issues regarding ensuring a former spouse of a federal employee is guaranteed survivor benefits. If the employee predeceases the former spouse, in almost all states the former spouse’s marital or community property interest should include any survivor benefits payable by the Federal Employees Retirement System or the Civil Service Retirement System […]

Can a domestic partner get a QDRO?

The short answer is “it depends.” A domestic partner dissolution may divide a state public plan with a domestic relations order. However, a private employer plan which includes any union plans and any federal plans (e.g., federal employees or military) will not accept or implement a QDRO. Bottom line: For domestic partnerships, direct payments to […]

What happens if I don’t get a QDRO?

If a QDRO is not done before a participant’s death or retirement and the parties are divorced, then the nonmember ex-spouse (alternate payee) may not receive any funds. This is why it is so important to not delay getting your QDRO!The good news is that it’s not too late to get a QDRO. There is […]

Do I need a QDRO if the entire retirement benefit is awarded to the participant or the nonmember spouse?

The only reason to get a QDRO is if any share of retirement benefits (including any survivor benefits) are being assigned to a nonmember ex-spouse (alternate payee). So if the alternate payee is awarded 100% of the participant’s retirement account, you still need a QDRO and the award should be 100% of the retirement account.If […]

What are the actual steps involved in getting a QDRO?

Step 1: Gather basic information about your retirement plans. Create a list of all retirement accounts that you and your ex-spouse have? If you aren’t sure, create a list of all employers where you and your ex-spouse worked during your marriage. If you don’t know, or aren’t sure you have the complete picture, QDROCounsel can […]

When is the value of a pension FROZEN at date of divorce in a QDRO?

The award to Alternate Payee is almost always 50% of the marital interest value as of the date of retirement. In most cases, the marital interest is determined by the "Marital Fraction" (also known as the "Time Rule formula" or “Coverture Fraction”) For almost all states, the Marital Fraction in a QDRO is generally the […]

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