How to Get a Spouse's Pension After a Divorce

In order to receive your spouse's pension after a divorce, you will need to have a court order that is in compliance with federal law. Verbal agreements between you and your formal spouse or divorce agreements drafted by your attorney will not allow you to access your spouse's pension. Only a judge or other state authority may grant you part of a retirement as part of a divorce settlement.

Instructions

1. Determine how much money was paid into your spouse's pension throughout your marriage. In most states, you will be entitled to half of what your spouse paid into his or her pension while you were married.

2. Get the pension written into your divorce agreement. In order to receive your spouse's pension benefits, your divorce agreement must specifically outline how your spouse's pension will be divided.

3. Verify that your divorce agreement is a QDRO, or Qualified Domestic Relations Order. In order for your divorce settlement to be considered a QDRO, it must comply with IRS regulations and the Employee Retirement Income Security Act (ERISA). If your divorce agreement does not meet the requirements for a QDRO, you and your former spouse may face unnecessary tax burdens and you may have difficulty getting your share of the pension.

4. Present the QDRO to the pension administrator. In order for your spouse's employer to release the funds to you, he must have a copy of the QDRO. You may also need to show the QDRO to your accountant or tax preparer the year you report the proceeds from your spouse's pension.

Tips & Warnings

• The percentage of the pension you are entitled to may vary by state.

References

• Questions and Answers About Pensions and QDROs
• How does a QDRO Work in a Pension Situation?