If not, then the order will have to be rewritten until it is acceptable. The rules and regulations of the retirement plan are often overlooked by divorce lawyers who aren't familiar with how retirement and pension plans operate. So, here's a tip or two for everyone whose property division order will involve the allocation of a defined benefit retirement plan. If you are the participant, get a copy of the summary plan description, benefit summary, and any information that describes the benefit you will be eligible to receive upon retirement using the date of your divorce as the last date of your employment. If you aren't the participant, your spouse can authorize the release of that information to you, voluntarily obtain it and share the information, be required to get it for your lawyer, or your lawyer can subpoena the information.
Many pension plans have sample or model language for domestic relations orders.
Be sure to get any samples and instructions for preparing, submitting and finalizing a domestic relations order. Once a domestic relations order is prepared, be sure to follow up to make certain it is submitted to the court, the pension plan administrator, approved and accepted by the plan. Only then will it truly be in effect. These particular tips are from their book for fathers, but could apply to moms as well. In fact, a book for moms and one for grandparents are scheduled for release in 1999.