Alan W. Metcalf, Attorney at Law

Retirement/Pension/Deferred Compensation

benefits must be divided, usually by QDRO or Qualified Domestic Relations Order. Most large companies have a sample plan that reduces the cost to prepare the order, need to get if available. Often we use a third party to write up the order and both parties share equally the expense of dividing the 401, 403, SEP, IRA, Pension or other Deferred Compensation, using time rule. The time the parties were married is the community portion and each party receives ½ of that amount. The remaining time is separate to the person who earned.