Becker Williams, F. Supp. 3d , 2016 WL 878492 (W.D. Wash. 2016) Facts: Husband and wife were married and in 2002, the husband designated the wife as survivor beneficiary of his retirement plans with Xerox. Husband and wife were divorced in 2006. In 2007, the employer received several telephone calls…
In a divorce that includes a retirement plan, a domestic relations order (DRO) is issued by the state court to assign benefits from the employer to another person (usually the employee’s spouse, known as the alternate payee). The retirement plan that administers these benefits must receive this order. Certain federal…
Stephens v. Alliant Techsystems Corp., 714 F. App’x 841 (10th Cir. 2017) (unpublished) (a) Facts: A husband divorced in Utah. A Utah state court entered at least two DROs dividing retirement benefits, each time reserving jurisdiction to amend the order in the future. The plan qualified the DROs. The…
Dear Carolyn, I have received spousal alimony since a 2003 court order until death. I would like to get an increase because of the economy. My ex-spouse receives three times my social security and retirement. His home is paid for and he owes three motor vehicles. His social security and…
Walsh v. Dively, 551 B.R. 570 (W.D. Pa. 2016) Facts: When husband and wife were divorced in Pennsylvania, they agreed that the wife would receive 50% of the husband’s retirement. The agreement was incorporated into the divorce decree, but no DRO was entered. The wife then filed for Chapter 7…
Carolyn Woodruff, a North Carolina CPA and Family Law Specialist, frequently is faced in sending a divorce client in the right direction after receiving a retirement plan in a divorce settlement. Here are her thoughts on the subject: The recipient may be receiving generally one or more of three…
Hammernik v. Comm’r, T.C. Memo. 2014-170, 2014 WL 4119398 (2014) (a) Facts: A husband and wife were divorced in Wisconsin. In 2003, before the divorce, the husband’s business encountered hard times, and he withdrew $104,909 from his personal retirement account to pay living expenses. The parties filed a joint income tax…