Divorce and Retirement
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Anonymous
| Does anyone in Maryland have experience with getting a Divorce and Having a Qualifed Domestic Relations Order signed for a spouse retirement plan. What if the spouse refuses to sign, can the court sign? |
Anonymous
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A QDRO must be issued by a “state authority” (usually a court) through a judgment, order, or decree addressing a property settlement. You can’t just have both of you sign and a pension administrator will approve and distribute the property.
Was it part of your property settlement? |
Anonymous
| In Md your retirement accounts will be equalized. |
Anonymous
The order is signed by the judge. It will be part of the asset division. Your lawyer should contact your spouse’s plan administrator or HR Department so that they can place a freeze on the account until the QDRO is submitted. They should also ask the plan admin for their QDRO template. Do not have your lawyer draft an agreement or just say it will be included in the property agreement. QDROs are specific to the plan and there is required plan language. The administrator will provide their template for your lawyer to complete and judge to sign. Also, depending on your assets, you might not pursue a retirement plan division. For some couples, having access to more cash up front or the house/all equity is preferred over retirement assets |
Anonymous
| We kept our own retirement accounts. Difference was only about 40k. |
Anonymous
| I convinced my ex wife to leave my pension alone and she did. She asked for divorce and that's fine, but I wasn't going let her take 1/2 my pension. |
Anonymous
| I have wish marriage was a contract with an expedition date every 5 years or so and amy extension must be agreed upon if and only if all parties fulfilled met the terms of the contract. Women file for divorce because it's worth it in most cases. Most women do not support catastrophic financial losses as a result of divorce. Women are smart and very focused when it comes to planning their future. |
Anonymous
| My loser ex tried to get my 401k. Never agreed to marry me then tried to claim some lawyer said we were common law married. |
Anonymous
| Retirement funds should not be a marital asset. |
Anonymous
If they weren’t fewer people would get married in the first place and the government wants people to get and stay married. |
Anonymous
Went this route in MoCo. Best to go through mediation and have whoever is drafting your settlement agreement into that document. If not, you’ll spend tens of thousands in legal fees and both you and your ex- will be much poorer for it when the dust settles. In MoCo, assets were divided equally, including pension and other retirement assets. |
Anonymous
| Call Pushkin and Pushkin - they will calculate the plan value and prepare the order for your lawyer. It’s $1k consult but you will be screwed without it |
Anonymous
do they come up with a higher value than your pension statement lists as the value (which seems to be too low)? |
Anonymous
No. If they weren’t both ADULTS would make sure they had a retirement. WTF don’t SAHMs have their own? |
Anonymous
With what $? If they didn't have a job, what $ are they using to fund it? |