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Pensions are divisible pursuant to divorce because they are considered property.
The two most common methods of distributing retirement benefits in divorce are the Immediate Offset Method and the Deferred Distribution Method. The major difference between the Immediate Offset Method and the Deferred Distribution Method is the time at which the division of benefits occurs.
Under the Immediate Offset Method, the present value of the retirement benefits is determined and the non-pensionholder is awarded a lump sum interest in cash or other property. In other words, the non-pensionholder receives an interest in other property owned by the parties that is equal to his/her interest in the pensionholder’s benefit, and the pensionholder retains full ownership rights to the retirement benefits.
If the parties are trying to accomplish an immediate offset of the pension benefit, Pension Appraisers, Inc. offers in-house and online appraisal services. A present value analysis will be conducted on the pension and the results will be returned to the requestor in a written report.
Read more information on the Deferred Distribution Method.
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