What is the time frame for a QDRO? 2 Answers as of April 07, 2011

A QDRO is in place for my divorce. My question is, how far back to they go for splitting my retirement? Do they go back to date of the legal separation or the divorce, or is there some other time frame that they use?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
The QDRO divides the community interest in the 401K plan, based on the contributions made to the plan by your spouse and his employer during the marriage to the date of separation, plus or minus any investment increases or losses on those contributions. When you are entitled to receive your community share depends on the language contained in the 401K plan documents, and on the language contained in the QDRO. Read the QDRO - it should set forth what you are entitled to.
Answer Applies to: California
Replied: 4/7/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
A QDRO is a legal device for dividing a pension or other retirement plan. It tells the plan administrator to divide up the proceeds according to the formula laid out in the QDRO. Usually, that is a time line approach where the numerator is the months of the marriage (from date of marriage to date of separation) and the denominator is the total months that the plan is in existence. For example, a 5 year marriage and the spouse who earned the pension worked there for 25 years. That is 60 months over 300 months, so the community will have earned 20% of the pension (so each spouse gets 10% of the pension). The remaining 80% goes to the contributing spouse as their separate property.
Answer Applies to: California
Replied: 4/7/2011
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