Is My Spouse Entitled to My Pension? Divorce QDRO Guide

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Is my spouse entitled to my pension? In this video, Brian Bourque breaks down how pensions are divided in divorce, what counts as marital property, and when a QDRO is required—so you can protect your retirement.

We'll cover:
What usually happens to a pension in divorce, including pre-marital vs. marital accruals and plan
valuation basics
The legal framework: ERISA, the Retirement Equity Act, and how Qualified Domestic Relations Orders
(QDROs) work
State laws: equitable distribution vs. community property—and why your location matters
Whether an ex can claim a pension years after divorce if the QDRO wasn’t executed
Tax consequences and timing risks for splits, offsets, and lump-sum buyouts
Negotiation strategies to use a pension as a bargaining chip
Special rules for military and government pensions
A practical checklist to prepare before you negotiate

Chapters:
00:00 – Introduction: Is a Spouse Entitled to a Pension?
01:04 – What Happens to a Pension in Divorce
02:00 – ERISA, REA, and the QDRO Explained
02:51 – State Laws: Equitable vs. Community Property
03:41 – Can an Ex Claim Years Later?
04:20 – Taxes and Timing Considerations
05:13 – Negotiation Strategies and Offsets
06:12 – Special Plans: Military and Government Pension Rules
06:33 – Practical Checklist to Prepare
07:16 – Conclusion and Next Steps

If you’re weighing a QDRO, offsets, or a lump-sum buyout, consider modeling scenarios with a seasoned advisor.

Explore your options with a vetted financial advisor: https://smartasset.com/retirement/fin...

Read the related guide: https://smartasset.com/retirement/is-...

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