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The Research Center
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         | 31. Divorce Source: THE MECHANICS OF DIVIDING RETIREMENT BENEFITS: RECENT CASE LAW ON PREPARATION OF QUALIFIED DOMESTIC RELATIONS ORDERS
The great majority of all private future benefit plans are regulated by the Employee Retirement Income Security Act ERISA, 29 U.S.C. 1001 et seq. 1985 & Supp. 1993. Among the many provisions of ERISA is an antiassignment clause which prevents pension owners from transferring their pension rights to
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         | 32. Divorce Source: RETIREMENT BENEFITS PROPERTY VS. INCOME
MICHIGAN McNamara v. McNamara, 249 Mich. App. 177, 642 N.W.2d 385 2002. The trial court erred by treating a pension earned during the marriage as income rather than as divisible property.
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         | 33. Divorce Source: RETIREMENT BENEFITS IMMEDIATE OFFSET BURDEN TO PROVE PRESENT VALUE
VIRGINIA - Torian v. Torian, 38 Va. App. 167, 562 S.E.2d 355 2002. A spouse who seeks the division of retirement benefits by an immediate offset bears the burden of introducing credible evidence of the present value of the benefits. Absent such evidence, the plan should be divided by deferred distri
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         | 34. Divorce Source: CIVIL SERVICE PENSION DATE OF VALUATION
The couple here divorced in April 1992. The wife remarried shortly thereafter. On August 12, 1992, the husband and the wife entered into a property settlement agreement, which was incorporated into the divorce decree. Paragraph Seven of the agreement stated
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         | 35. Divorce Source: DIVISION STAGE - RETIRED HUSBAND VS. EMPLOYED WIFE RETIREMENT BENEFITS
SOUTH DAKOTA - Feldhaus v. Feldhaus, 646 N.W.2d 753 S.D. 2002. The trial court did not err in awarding the husband 54% of the marital estate. He was age 61, retired, and in poor health, while the wife was age 53, still employed, and in good health. In addition, the husbands major asset was his retir
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         | 36. Divorce Source: VALUATION OF PENSION, 401k, AND IRA
WASHINGTON: MacGibbon v. MacGibbon, No. 46304-7-I, 2001.WA.0001755 Wash. Ct. App. Dec. 10, 2001. The husband argued that the lower court erred in valuing his pension, 401k, IRA, and other property.
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         | 37. Divorce Source: FIRE DEPARTMENT PENSION AND LACK OF QDRO
NEBRASKA: Koziol v. Koziol, 10 Neb. App. 675, 2001.NE.0000427 Dec. 11, 2001. The husband argued that a court can only divide the marital value of the pension, and that a supplemental order changed the distribution of the pension.
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         | 38. Divorce Source: COMPANY VALUATION AND DEFERRED COMPENSATION PLANS
NORTH CAROLINA: Hamby v. Hamby, No. COA00-151 N.C. Ct. App. June 5, 2001. The husband contended that his insurance agency and the deferred compensation plans therefrom were improperly valued and distributed.
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         | 39. Divorce Source: MILITARY RETIREMENT PENSION
In this case, the couple married in January 1987. During the course of the marriage, they had three children. In October 1997, the couple separated. Before the divorce, they executed a separation agreement. In October 1998, the husband filed a complaint against the wife for absolute divorce; shortly
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         | 40. Divorce Source: DIVIDING IRAs IN DIVORCE
Section 408a of the Code provides, in pertinent part, that for purposes of section 408, the term individual retirement account means a trust created or organized in the United States for the exclusive benefit of an individual or his beneficiaries, but only if the written governing instrument creatin
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