Although our divorce settlement stated that I was to waive my rights as a named beneficiary to his retirement benefits and life insurance, two of the retirement accounts still listed me as a beneficiary. If the pension is already being paid, the pension plan administrator can usually pay your portion directly to you. For example, in Ohio child support is calculated according to guidelines based on each of the parties gross income. Ohio support laws require the spouse who is receiving part of the other spouse s pension to include that in gross income calculations. This is a legal document that directs the pension plan administrator to divide the pension pursuant to the terms of a divorce decree.
Laws regarding the division of pension benefits during divorce vary quite a bit state by state.
It s important to consult with a qualified local family law attorney, so that you can receive good specific information. In most states, retirement benefits accumulated during a marriage are to be divided at the time of divorce. But government pensions can be an exception to the general rule when the government pension participant doesn t contribute to social security. A few states, including Ohio and Pennsylvania, allow a social security set-off to the overall value of the government pension when valuing the portion of the pension that was earned during the marriage. It s best to consult with a lawyer in your state to get specific information on how your state laws determine these issues.