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Jessica
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Attorney Wendy, Expert
Hello. My name is***** am happy to be assisting you today and thank you for using Just Answer. As an attorney with more than 20 years of experience, it is important for me to understand the details of your situation so I can be sure to provide the best information I can for you. Once I provide a response, you are welcome to reply back with any follow-up questions.
I am reviewing your question and I may have some follow-up questions for you. Once I get the information I need, it may take me a few minutes to prepare a response. I thank you in advance for your patience.
Attorney Wendy, Expert
I am so sorry to hear about this situation. The keys to the QDRO order are that the order does accurately reflect the division of this pension as ordered in your divorce. Have you received a copy of it to review yourself?
Attorney Wendy, Expert
Since JustAnswer cannot provide actual legal advice or representation, I cannot advise you whether the QDRO is correct, but I can take a look at it and tell you what it appears to do in terms of the pension division if that would help.
Attorney Wendy, Expert
No worries. That offer for a call was automatically generated and I am not actually in a position today to conduct calls. So, we can certainly continue in writing.
Attorney Wendy, Expert
Of course. If you can send me the proposed QDRO, I am happy to take a look.
Attorney Wendy, Expert
If you prefer, you can email it to me at***@******.*** (if you do email, just let me know so I can go to that inbox).
Attorney Wendy, Expert
Of course. I am happy to help.
Attorney Wendy, Expert
I am reviewing the QDRO now.
Attorney Wendy, Expert
Can you confirm for me what dates you two were married and how long (what years) you worked for Boeing?
Attorney Wendy, Expert
Also, did both of you work for Boeing?
Attorney Wendy, Expert
Thank you for that additional detail. The QDROs - one for division of your pension and one for his - appear to divide 50/50 any portion of the pensions that was earned between June 19, 1979 and your date of separation. What that means is that any amount of your pension earned as a result of your work for Boeing from 1975 to June 19, 1979 is solely remaining yours, the amount you accrued in pension benefits for work from June 19, 1979 until you left Boeing in 1989 is being divided 50/50. The same is true of his pension.
I hope this information helps. Please let me know if there is any part of your question I failed to answer or that may be unclear. If you need additional assistance, feel free to reply to this message. Do note that I am away from my computer from time to time and will respond to any follow-up questions as soon as they come to my attention.
Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.
Attorney Wendy, Expert
Technically yes, because the 50% division is based on any amount you are receiving due to work you performed during the marriage. What that really depends on is the type of plan and how benefits are calculated.
Attorney Wendy, Expert
Correct. The QDRO's stop the community property split as of January 1, 2018.
Attorney Wendy, Expert
The value of the pension plan will be left to the Boeing Plan Administrators to determine. So, it would be the plan administrator you would contact once the QDRO is received/accepted by the plan to tell you what this 50% division means in terms of the benefits you will get from it. Your ex-spouse nor the QDRO nor any attorney can change that value, once the QDRO is provided to the plan administrator defining how it is to be divided, then the Boeing plan administrator makes that calculation.
Attorney Wendy, Expert
These QDROs merely divide both pensions 50/50 between you two for any portion of the pension or retirement account that the employer's plan deems earned during the marriage (1979-2018).
Attorney Wendy, Expert
I don't see anything suspicious or odd about the QDROs. If your divorce included that you would both be dividing the marital/community property portion of your retirement accounts 50/50, the QDROs do that.
Attorney Wendy, Expert
Then these QDROs are consistent with that settlement.
Attorney Wendy, Expert
This should be the end of it - he would have to go back to court and have some basis to have your settlement and the resulting divorce order undone and that is highly unlikely. In addition, this 50/50 split is the norm and I wouldn't expect any court to reconsider it.
Attorney Wendy, Expert
The key is to look at the allocation of benefit portion to see that both split the pensions - one for yours and one for his - 50% for the time of your marriage. I hope that gives you some calm.