Who determines what portion of my profit sharing plan my spouse might be eligible for if he pursues a QDRO for my retirement benefits? How is the value calculated? We have been married 39 months, but of those 39 months, we were separated and living apart for 18. I contacted my benefits department who referred me to Fidelity (who manages the plan); Fidelity said a court would determine the percentage, and an attorney would be needed. Also - how long does it take to prepare a QDRO, and what is the typical cost?
Thank you.
A spouse is entitled to one half the value of the marital portion of the retirement account.
Any money you saved (and the growth thereon) from the date of marriage to the date you began living separation and apart (18 months ago) is subject to division. Likely the amount saved in this case is not worth the cost of preparing a QDRO (about $2000), and rather should be offset by some other asset.