Am I required to share my retirment money with my ex-wife?
Full Question:
I am 53 years old and paying 1K in alimony per month. I have been layed off and am now considering executing an early retirement benefit. To date my ex has not put in a QDRO (qualified domestic relation order). Will I be retroactively responsible when and if my ex puts in QDRO, the divorce becress calls for 50% distribution. My employer advised that they are only responsible once a QDRO is received and not for any retroactive distribution.
04/28/2009 |
Category: Divorce ยป Alimony |
State: ALL |
#16342
Answer:
Generally, the retroactivity of a QDRO is determined by the language of the order itself. If you are under an order to file a court order and put off doing so, your benefits may be delayed until it is filed. The administrator needs to have the order on file to execute payments. If the order requires retroactive payments, and the funds in question have already been paid to you, it may be your responsibility to pay the retroative amount out-of-pocket.