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Dividing Pensions in a Florida Divorce
 Information Provided by: Stann W. Givens, Esq.Not long before I started practicing law, the divorce laws did not allow the courts to divide a pension in a divorce. All of the other property got divided, but the spouse who had been working more and had a larger pension got to keep it all. Sometimes that result was extremely unfair.
Thankfully the law has changed. Now the Florida courts divide pensions along with the rest of the property. It is accomplished by the entry of something called a Qualified Domestic Relations Order, referred to as a QDRO (pronounced "quadro").
A QDRO is merely a court order signed by a judge in a divorce court which meets the restrictions of the Internal Revenue Code which apply to division of retirement benefits. Very specific federal requirements must be followed or the transfer of a portion of the retirement from one spouse to another will result in severe tax consequences. When done correctly, a QDRO can transfer funds from one spouse's retirement account to the other spouse's 401K or IRA free of taxes and penalties. Bottom Line: Your expert divorce lawyer can get a pension divided in a divorce by way of a Qualified Domestic Relations Order. (copyright Stann Givens 2009)
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Dividing Pensions in a Florida Divorce
A spouse who does not make timely support payments can have his or her wages garnished through the Florida Child Support Enforcement Department. The court orders that alimony be automatically taken from the paying spouse's paycheck. The court can also order that the paying spouse give the alimony payments to the Support Enforcement Department, which will give the money to the receiving spouse. The department acts as a third party which manages the collection and distribution of support payments on a statewide basis. If the paying spouse of child support or alimony fails to make timely and sufficient payments, the court can suspend the paying spouse's driver's license.
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