QDRO: How pensions are divided in a divorce

Posted by William H. Sherman on Mar 14, 2017 | 0 Comments

Question:  My wife wants to get a divorce because she thinks I'm seeing another woman. She said she found text messages and pictures of me and the other lady, who lives in Savannah, Georgia. She told me that our 32 years of marriage don't matter and she wants a divorce and that she's done with my fooling around.

I said I'd go to marriage counseling but she said I cheated so much that she can't trust me and she said I'm a major porn addict because I look at pornography 4 hours a night and spend maybe $500 a month on it. I told her I'd get help for the infidelity and the porn addiction but she won't bite and she said she wants a divorce.

I'm worried that if we get a divorce I'll lose my pension and have to pay her alimony. I really want to keep my pension because I've worked hard for it. She never worked and she only stayed at home and took care of our 5 kids, who are good kids and really easy to take care of. She just hung out at home and drank a lot of wine, played tennis and spent my money.

She doesn't want me to tell anyone that she used to be a prostitute years ago when she needed cash real bad. But I will tell people if I have to.

Now I need to know how pensions are split or divided when you get divorced. I think I need a good Roswell divorce lawyer before I get in too much trouble by trying to do this thing myself and lose all my money.

K.R. in Roswell, GA

Answer:  In a divorce, a pension is divided using a Qualified Domestic Relations Order, known as a QDRO. To split a pension you would need to have a QDRO in place. And it is very important that the QDRO is properly drafted. If it is not, there can be major problems in the future.

Pensions are assets and are thus often the subjects of negotiation in divorces. Sometimes pensions can involve a large amount of money, other times they are only a small percentage of an individual's assets.   

We have seen many situations where pensions are the subject of negotiations between divorcing spouses. In a long-term marriage like yours, the fact that your wife wasn't employed will likely not prevent her from getting at least a portion of your pension. Please call us so we can discuss your matter in greater specificity and help you determine how much of your pension will be impacted by a divorce. 

About Us

When you have QDRO questions, call us at 678-215-4106.    

Because so much is at stake, you need the best representation you can get. Having served as a Magistrate Judge, Assistant Attorney General and Senior Assistant County Attorney seriously helps our clients.

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

What our clients say...

“I just wanted to write to say that I feel so lucky to have chosen the Sherman Law Group as my attorneys. I was going through such a very difficult legal situation. It was emotionally charged and draining. But Valerie Sherman and Bill Sherman were so supportive, hardworking and helpful. I loved that the firm was always updating me and letting me know what was going on in my case. You always returned my calls and emails. Thank you all for making it work out great for me.”

What our clients say...

“I wanted to thank you for giving me back my life after many awful months. My family and I want to thank you very much for representing my case. We are so grateful to have such wonderful attorneys like you. I know I can rely on you. We will always recommend you to those who are in need of the services of a law firm. We were so happy and excited this morning as we heard the announcement by the Judge. You are such wonderful people at The Sherman Law Group.”