Can my “not so soon to be” ex-wife get access to my pension via QDRO before the final divorce decree date 4 years from now?

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Can my “not so soon to be” ex-wife get access to my pension via QDRO before the final divorce decree date 4 years from now?

Our divorce decree date is over 4 years from now since I have to pay her health benefits until that date. I was ordered to obtain a QDRO but is there any benefit to me to do the paperwork sooner than 4 years from now? Will she have access to the money if technically we are still married until then?

Asked on July 26, 2012 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to carefully read the marital dissolution agreement and judgment that you have written about in that such documents will answer the question that you have. In all likelihood the court has deemed your marriage over as a matter of law where there is a decree of dissolution where both you and your former spouse can remarry.

The issue is whether it is in your benefit to pay her what has been ordered sooner rather than later with respect to the QDRO you have written about. Given the time value of money, it most likely would be in your benefit to pay her later, but if you simply want to sever as many ties with the former spouse sooner rather than later then an earlier pay out would have its benefits.

I suggest that ultimately your decision will be based upon what your financial planner suggests.


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