Generate Pension Report Create Account Log In How It Works Online Demo Sample Report Download Pension Form Print Pension Form QDRO Request Forms FREE Download Book Basics of Pensions In Depth Analysis Special Issues Actuarial Standards Sample Authorizations Pension FAQs QDRO FAQs Glossary Join Our Mailing List About Our Company About Our Analysts Contact Us Phone Consultations Our Fee Schedule Testimony Your Privacy Security Terms of Use Customer Support	The information furnished is intended to serve as a detailed sketch of the issues surrounding pensions in divorce. It is not intended to constitute legal advice. It should be kept in mind that the accuracy of the information provided is compromised by both new legal decisions and factors omitted for the sake of brevity. Introduction Retirement benefits are divisible upon divorce.    - To the extent to which they were acquired during the marriage.    - Must be valued before they can be divided. Division of Retirement Benefits follows a 3 step process.    - Classification of the pension as either marital or separate property.    - Valuation of the marital property to determine value.    - Distribution of the marital property to the parties. The Basics of Pension/Retirement Plans Future Benefit Plans    - Retirement Plan    - Disability Plan Classification of Future Benefit Plans    - Matured Plan    - Unmatured Plan    - Vested Plan    - Unvested Plan    - Defined Benefit Plan    - Defined Contribution Plan    - Noncontributory Plan    - Contributory Plan Why Pensions are Divided Upon Divorce What Is Property?    - Property is Certain    - Property is Transferable Pensions as Property    - Argument against pensions as property    - Argument in favor of pensions as property Property Division Law All Property Model    - must meet the definition of property    - is owned by one or both parties on the date of classification Dual Property Model    - must meet the definition of property    - is owned by one or both parties on the date of classification    - was acquired during the marriage    - is not expressly defined as separate property Comparison of the Two Models Distributing Retirement Benefits The Two Methods of Distribution    - Immediate Offset Method    - Deferred Distribution Method Strengths and Weaknesses of Immediate Offset Method Strengths and Weaknesses of Deferred Distribution Method Reserved Jurisdiction Method Mechanics of Deferred Distribution Method of Payment Time of Commencement of Benefits Remarriage Modification of the Award Taxes Death Interest Future Pension Options Loss of Pension Benefits Using Present Value to Set a Maximum Amount Payable Use of a Qualified Domestic Relations Order (QDRO) to Accomplish a Deferred Distribution Introduction What is a Qualified Domestic Relations Order (QDRO)? ERISA, REA and the Antialienation Provision Criteria for a QDRO Types of Plans QDRO Issues Under ERISA Defined Contribution Plans QDRO Issues Under ERISA Defined Benefit Plans    - Shared Interest Approach    - Separate Interest Approach DRO Issues under State and Local Government Plans Court Ordered Benefits Issues under the Military Retirement System Court Order Acceptable for Processing Issues under:       Civil Service Retirement System (CSRS)       Federal Employees Retirement System (FERS) Deferred Offset Awards Other Division Options for Deferred Distribution    - Liquidation    - Informal Offset Mechanics of Immediate Offset Valuing Pensions for Equitable Distribution Valuation of Defined Benefit Plans - Present Value    - Step 1: Determine the Amount of the Benefit    - Step 2: Discount to Present Value    - Step 3: Mortality Discount    - Step 4: Discount for Vesting Status - If Applicable    - Step 5: Apply a Coverture Fraction - If Applicable Methods of Determining Present Value of Defined Benefit Plans    - GATT Method    - PBGC Actuarial and Mortality Table Method    - Life Expectancy Method Other Techniques for Valuing Defined Benefit Plans    - Valuation Formulas found within the Plan    - Total Contributions to the Plan    - Total Offset    - Withdrawal Value Valuation of Defined Contribution Plans    - Segregation Method    - Subtraction Method    - Coverture Method

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