What happens if the plan participant dies after the parties are divorced but the QDRO hasn’t been drafted yet?
What happens is a lot of bad things, essentially. This is a huge problem in divorce laws. It impacts…
Virginia Lawyers, Divorce Professionals & Articles
Virginia Divorce Articles by Family Lawyers and Professionals
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Does an ex-spouse lose his/her pension benefits if the plan cannot pay according to the court order?
Well, this can happen. Let’s take one example where you have a property settlement agreement and…
What is a Qualified Domestic Relations Order (QDRO) and how and when is it used?
The Qualified Domestic Relations Order is the court order that ERISA created to allow private…
When dividing pensions during a divorce, what are the most common errors to look out for?
The first most common error is that people don’t realize they have a pension. It used to be that…
How are pensions typically divided on divorce in Virginia?
A pension that’s really a pension, where it’s the amount of money paid monthly when someone…
Are there any penalties or taxes to be aware of in dividing a pension?
One of the key features of ERISA and all the statutes that govern the division of retirement assets…
What’s the difference between an Individual Retirement Account and a Qualified Pension Plan?
Individual Retirement Accounts are retirement accounts that people contribute to that are not…
What is the difference between a defined benefit and a defined contribution pension plan?
These retirement benefits are for private service. There is a federal law called the Employee…
Can an ex-spouse receive spousal support in addition to a share of the military member’s retirement plan?
There’s nothing prohibiting that. It depends on the income situation of the parties in addition to…
If a service member’s family is currently living on base, will the ex-spouse have to move after the divorce is final?
Once you are divorced from a military member, you cannot live on base. Generally, you will have been…
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