Pensions and QDROs, Qualified Domestic Relations Orders and the Distribution of Pension Benefits to Alternate Payees and Survivorship Rights
Pensions must generally be split 50/50 for the asset that accrued during the marital period, from the date of the marriage to the date of the divorce complaint filing. They are generally split via a QDRO or Qualified Domestic Relations Order, an order executed by the Court that is then sent to the plan directing them to split the pension based on the marital period. QDROs may be drafted by a service or some plans have their own QDRO. Every plan has its own terms as well that allow for certain distributions and disallow others. For example, generally, a party that is the alternate payee or the party who is receiving a distribution from the pension from the other spouse, should seek survivorship rights.