Question:   My husband and I are getting a divorce.  He has worked for the Coca-Cola Company for years and has a pension so I have questions regarding a QDRO. 

He has worked for Coke for over 40 years.  Now that we're finally getting divorced I need to know something about how a QDRO works and maybe hire you to do the QDRO form for me.

We're getting divorced because my husband is seeing another woman.  He met her on a business trip and now she's moved to Roswell, GA.  I didn't suspect anything until I saw that he was getting a lot of text messages and I looked and I saw some pictures of her.  I can't believe that she actually moved here from Macon to be closer to him.

Anyway, since I have been not had a job in decades I'm relying financially on getting a part of that pension and I understand that to do that I'll need a QDRO.

Basically, I want to know if pensions are split 50/50, where he keeps half and I get half, or can they be split in other ways?  I need to know the QDRO rules because my friend told me that they are very complicated and I need an attorney who really knows how they work.

B.J. in Roswell

Answer:   A qualified domestic relations order (the QDRO) is used to divide a financial interest in a retirement plan.  A QDRO does not have to apportion the monies equally. 

The parties can negotiate how a retirement plan should be divided.  Sometimes they are split equally (50/50), other times they are split in different ways (for example 60/40, 70/30, 80/20, etc.).  They can be subject to negotiation.

And sometimes they are not split based upon a percentage basis.  For example, a party may simply ask for a sum of money.  So instead of doing a split of the pension but percentages, a party would get a specified amount (for example $25,000 or $75,000).

We have handled many QDRO matters, including for professional athletes' pensions, and each QDRO is different.  It is vital that a lawyer look at all the surrounding circumstances of the case to ensure that the QDRO is done properly.

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