In a divorce, is a spouse entitled to any part of the other's pension? How does one go about addressing the pension benefits in a divorce?
Pension benefits are covered by ERISA. Read this week's client story to find out what can be done about pension benefits in a divorce.
Linda's husband had a good pension plan. The couple decided it made sense that Linda should take care of the house and the kids, and free him up to work as much as possible so that they could put away as much as possible in his pension.
After the kids left home, Linda's husband asked for a divorce. Not long after the divorce, he remarried. Linda wondered whether she was still entitled to receive any of his pension.
Linda found out that she did have such a right, although she needed a qualified domestic relations order to make it effective.
Sometimes couples fail to tell their divorce lawyer that there is a pension benefit. Sometimes a spouse is so upset he or she just wants it over as quickly and easily as possible. It is important that the court be informed of that pension benefit and that the ex-spouse receives a qualified domestic relations order which can be furnished to the pension plan, so those rights are protected.
We helped Linda with her situation. While it was nerve wracking for her as her ex-husband did not want to see her get a dime, she persisted and brought our experience to bear in helping her obtain what she deserved. We do it every day.