Divorced and is time for equitable distribution of husband's pension at his retirement. I wonder where the share of the wife's pension coming from? Is the money taking out from the ex's pension or the the divided share of husband's pension to distributed to the wife. Let me make it clear. Le's say the husband got $7,000 from his pension and I entitle $1,000 from his pension monthly. Is my $1,000 come from his $7,000? Or my $1,000 came from my share of his divided pension $100,000? Let's say my share of his pension is total $100,000 but I only get $1,000 monthly. His total pension is $300,000 and he gets $7,000 monthly. So which is my pension coming from. How exactly the pension distribute under federal pension to wife?
You will get your share of his monthly benefit. So, if his pension is $7,000 per month and your share is $1000, he will get $6000 and you will get $1000 every month once it goes into pay status. To effectuate this division, you will need to have a QDRO drafted. Speak to your attorney.
Your property settlement agreement and qdro should help answer this question. Without seeing them, it's tough to answer this.
The money that you receive will come from your husband's share of the overall pension fund. In trying to use the example you have above, his share of the pension would be $400,000 (a pension will not be divided up $300,000 to him and $100,000 like another retirement account such as a 401k would be) and you would receive the appropriate percentage of his monthly payment based upon the size of the marital portion of the pension.
This answer does not constitute the establishment of an attorney/client relationship nor is there any guarantee that this advice will be completely effective in a court of law. A consultation, including review of court orders and other documents is necessary in order for me to give you proper advice and guidance.
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