There are different valuation techniques. The quality of the valuation and the advocate s ability to support and defend the chosen approach is directly proportional to the quality of the expert chosen. Pension valuation is not an exact science, but an art. Statistics, actuarial tables, government reports, tax tables, and investment market knowledge all play important roles in the process. The number of professional pension valuators and books are more than one might imagine.
Most pensions are divisible.
A divorce attorney may rely upon the forensic economist or accountant to review the pension document to confirm that a given retirement asset is divisible. The QDRO will be drafted by either lawyer, or an attorney specializing in pensions engaged by one or both of the lawyers, and will generally be entered as an order of the court within thirty to sixty days following entry of the Final Decree of Divorce. The requirements of QDRO s are controlled by federal law regulating pensions. Only the portion of retirement benefits accrued during the marriage are marital property subject to equitable division. Retirement benefits accrued during the marriage are marital property subject to equitable division even though the non-employee spouse did not contribute to the increase in their value.