My divorce was finalized contingent on completing a qdro. I have a Boeing pension plan that we have to split. my ex

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Customer: Hello. My divorce was finalized contingent on completing a qdro. I have a Boeing pension plan that we have to split . my ex husband left me with no money somehow so he has his own lawyer to review the qdro before being submitted as well as our mutual qdro attorney, but I don't have anyone to review it . I'm not sure what to do have nothing
JA: Hi. Were any of the assets acquired before the marriage? Or given through an inheritance?
Customer: Yes I was employed there 4 years prior to the marriage
JA: Where are you located? Divorce laws vary by state.
Customer: California
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I just would like to know how much it will be ? I'm close to being evicted and have no money , unfortunately. I just need help if someone would be willing to review the qdro that was drafted
Answered by Attorney Wendy in 9 mins 12 months ago
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Attorney Wendy
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Attorney Wendy
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Attorney Wendy
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30240 Satisfied customers

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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.

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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?

Customer
I have no idea what to look for or check
Customer
I do have the copy to send if it would be easier
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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.

Customer
I would love to speak on the phone but Unfortunately, I'm barely scraping by and am just looking for any help you could offer , if possible .
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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.

Customer
That would help if you could do that! F
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Attorney Wendy, Expert

Of course.  If you can send me the proposed QDRO, I am happy to take a look.

Customer
Awesome ty so much! I'll send that on over
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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).

Customer
I will email it! Thank you so much
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Attorney Wendy, Expert

Of course.  I am happy to help.

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Attorney Wendy, Expert

I am reviewing the QDRO now.

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Attorney Wendy, Expert

Can you confirm for me what dates you two were married and how long (what years) you worked for Boeing?

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Attorney Wendy, Expert

Also, did both of you work for Boeing?

Customer
I Worked at Boeing from 75 to 89 . We were married in 1979 and separated January 1 of 2018
Customer
we did both work for Boeing but Separate locations
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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.

Customer
Will he be entitled to 50% of what was accrued after I left Boeing until separation?
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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.

Customer
But not anything more after separation,?
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Attorney Wendy, Expert

Correct.  The QDRO's stop the community property split as of January 1, 2018.

Customer
Is there a way to ask for what the pension plan is or was worth so that they don’t try to say it was worth something more at any point in time? I tried to get the value of the account in the history of the worth but I am not sure I said the correct thing to get the information I needed so that he didn’t get more than what it was actually worth
Customer
Are there any questions I should make sure to ask our mutual qdro attorney that will help me make sure I cover myself and it's fair
Customer
I'm just not sure what to pay attention to so that my ex doesn't get more than he is entitled to
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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.

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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).

Customer
it's okay to go ahead and sign it off and send it over right
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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.

Customer
that was part of the settlement before it was final that we split our pensions that's the wordy night understood in the document of the divorce decree
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Attorney Wendy, Expert

Then these QDROs are consistent with that settlement.

Customer
Thank you so very much I really needed some input from somebody who knows what they're talking about because I was lost so thank you so much I really appreciate it I might be reaching out to you again I hope that's okay you've been such a great help thank you
Customer
Once this is signed and done he can't come after me for more money or try and have it amended can he
Customer
I'm just really nervous about finding these documents and sending them over I'm just he's really been a nightmare through this whole thing just trying to come after me for everything you can very evil
Customer
I meant to say he can be very evil sorry for that typo
Customer
I'm sorry if I was confusing. This the thing to complete, and I can be I don't have to deal with him ever again.
Customer
I meant the last thing.
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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.

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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.

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