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Pensions & Divorce
A pension plan is a tax deferred savings plan. Typically, during years of employment, monetary contributions are made by the employee and/or on behalf of the employee by the employer to a retirement plan. The contributions and the earnings generated accumulate over time, tax free, until retirement. Upon retirement, the employee will receive a specific monthly income for life or a lump sum payment. There are two general types of retirement plans: the Defined Benefit Plan and Defined Contribution Plan.
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Pensions Issues & Divorce
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The Basics of Defined Contribution Plans: This is a private tax deferred savings plan set up by a company or individual that will provide an income to a participant upon retirement.
The Basics of Defined Benefit Plans: This is a plan set up by a company, union, or individual that provides a participant with a monthly income for life upon retirement.
Common Asked Questions that Affect Valuations: A question and answer format reviewing a hypothetical scenario of the valuation of a pension in the dividing of assets due to separation or divorce.
Appraisal Methods: A discussion of the different appraisal methods used by professionals to determine the present value of a pension.
The Basics of QDROs and DROs: According to the Employee Retirement Income Security Act of 1974 (ERISA) a Qualified Domestic Relations Order (QDRO) is a judgment, decree or order that creates or recognizes the existence of an alternate payee's right to receive all or a portion of a plan participant's benefits under an ERISA-qualified employee benefit plan.
A Discussion of Plan Guidelines:
Financial Articles: These articles have been written and provided by Divorce Source Professionals. Some of them may be rather long, so remember you can always print them and read the off-line another time.
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This On-line Pension Valuation and Report will (in just a few seconds) define and explain the value of the marital portion of a retirement benefit for the purposed of dividing it in a divorce case.
You enter the information and our on-line software will process the data and produce a court-ready valuation and an in depth report in just a few seconds. (View a sample report)
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Pension Issues and Divorce
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When couples get divorced they must decide how to divide their property. Retirement benefits (pensions) often form a substantial part of the parties' total marital estate and many times are the largest single marital asset afforded the couple. Similar to other assets, pensions are typically divisible in cases of divorce to the extent that they are acquired during the period of marriage.
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Pension Rights at Divorce
Divorce Research Center (2000+ articles)
