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#166606 - 11/19/06 11:23 PM Pension Pay Off
Rick1 Offline
recently joined

Registered: 11/18/06
Posts: 2
My divorce was 8 years ago in Ohio. She did not have a pension so a QDRO was done and she gets 1/2 of my pension at retirement. We will both be of retirement age in about 10 years. In planning for my retirement I have been wondering about a couple of things.

My ex has remarried so what effect if any will that have on the QDRO? Like will she still get to collect off my pension?

Also if she passes away before retirement do I then get to keep all my retirement or will it go to her estate.

Thanks in advance to anyone who responds.

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#166607 - 11/21/06 12:16 AM Re: Pension Pay Off [Re: Rick1]
jaiye Offline
old hand

Registered: 10/28/05
Posts: 860
If there was a QDRO done then the retirement account should already have been divided.

Her getting remarried has nothing to do with that division. Most of this stuff would be dependant on what type of retirement account you are talking about.

If it is a 401K or something that has an actual cash value then the balance would go to her estate. You need to talk to your attorney to find out the particulars of your account.

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#166608 - 11/21/06 06:51 PM Re: Pension Pay Off [Re: Rick1]
Karen1 Offline
Pooh-Bah

Registered: 06/02/05
Posts: 1804
Loc: Ohio
I am in Ohio. Divorce final in 2005. 30 year marriage. QDRO was done at time of finalization of divorce and my share was transferred into a separate account in my name and I appointed a beneficiary in the event that I die before starting to receive any of the pension. Had I not appointed a beneficiary, the money would go into my estate.

Once the QDRO is done, there is no way that you will get that part of pension back, unless your ex dies and had named you as the beneficiary. Pension monies earned during the marriage are considered a marital asset and once divided is a done deal.

Remarriage has nothing to do with the pension split... perhaps you are thinking of remarriage and spousal support?

Karen
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"Don't cry because it's over, smile because it happened".

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#166609 - 11/21/06 06:55 PM Re: Pension Pay Off [Re: Karen1]
Karen1 Offline
Pooh-Bah

Registered: 06/02/05
Posts: 1804
Loc: Ohio
Forgot to add... the pension I was speaking of above is a company pension, not a 401. The 401 required an additional QDRO. That money was divided in half and my portion was transsferred into an acccount in my name. Same info above on beneficiary applyies to this account.

Karen
_________________________
"Don't cry because it's over, smile because it happened".

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#166610 - 11/28/06 09:22 PM Re: Pension Pay Off [Re: Karen1]
elliesmom Offline
Carpal \'Tunnel

Registered: 11/07/05
Posts: 8852
Depends on the pension - for a military pension the money WOULD revert back to the military member if the former spouse dies. Mainly because even with a QDRO the pension is payable to the military member, but the money is taken before it is disbursed and paid to the former spouse.
_________________________
Forgiveness is...letting go of the hope that the past can be changed.

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#166611 - 11/29/06 01:20 PM Re: Pension Pay Off [Re: elliesmom]
Redlegg Offline
Carpal \'Tunnel

Registered: 10/06/06
Posts: 27903
The former spouse has to notify DFAS and they will only do that if you were married for 10 years and those 10 years overlap with the military service, if not, then the member is required to pay the former spouse every month.

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#166612 - 12/08/06 05:43 PM Re: Pension Pay Off [Re: Rick1]
SarahS Offline
recently joined

Registered: 12/08/06
Posts: 5
Sorry but what is a QDRO? My husband's pension value after 27yrs @ $70K was $65K, questioning this value (any advice here). I don't understand this. Also, I don't want anything to do with his pension, I want the equity in the house. What's the chance of that happening. He wants the money from the house.

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#166613 - 12/15/06 03:29 AM Re: Pension Pay Off [Re: SarahS]
Rick1 Offline
recently joined

Registered: 11/18/06
Posts: 2
QDRO = Qualified Domestic Relations Order

It is used to divide pensions. A pension is considered a marital asset.

You should be entitled to a share in any equity in the house and any pension. In my case it was 50% of each. The QDRO is the court order that the pension holding company uses to disperse the pension to each party.

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