Deferred Comp Plan & State retirement questions


#1

What amount do you go by when dividing a deferred comp plan in a divorce? Do you go by the date of separation value or the value that it’s increased to in a year from separation?

Also how do you divide State of NC Pension? Says QDRO split 50/50. Does the ex get 1/2 at retirement date (for life)? And what if the person never retires?

Thanks!


#2

Usually, you divide a retirement plan as of the date of separation, and you can include passive gains/losses in that amount.

AS for a pension, there should be specific language included in the QDRO that defines when the non-employee spouse can obtain his/her benefits, which may be tied to the employee spouse’s collection of his/her pension benefits.