Case: Nondocketed Draft QDRO Had Detailed Pension Calculation for Ex-Wife (E.D. Pa.) (IRC §401)

Oct. 20, 2021, 5:00 AM UTC

Nondocketed draft qualified domestic relations order with detailed calculations can allow pension fund to calculate amount to be paid to divorced wife, a district court held. Ex-husband, a laborer, divorced his wife 15 years ago. The parties drafted a settlement agreement in 2003 confirming the wife’s eventual share of pension benefits and how such benefits should be calculated. During the divorce, the draft qualified domestic relations order was never docketed. Husband retired in 2018 and wife is seeking her portion of the pension. Husband argues all proceeds belong to him as no docketed QDRO was filed in accordance to the ...

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