QDRO's on retirement plans


#1

If I were to receive a share of spouse’s retirement benefits (either by an SA or litigation), is there such a thing as “immediate offset” in NC? If so, does this mean that spouse’s retirement plan can be forced to give me payment (is it available either lump sum or on a monthly basis only), even BEFORE spouse is old enough to retire? The way I understand it, there is no “immediate offset” in NC, and the only way to effectively “get cash” out of a retirement benefit is to barter–
i.e., in exchange for NOT pursuing spouse’s retirement benefits in the future Iinstead take cash out of something else of value that is liquid.
If I do pursue spouse’s retirement benefits, can I only start collecting them when spouse retires? What if she decides to defer receiving the benefits-- can I start receiving my portion when spouse is ELIGIBLE to retire, or does spouse have to actually retire before I can receive anything?

                                                                                                                            Thanks

#2

A QDRO can be used to transfer your share of the martial portion of a retirement account into a new account for you. Depending on the Plan and the method of division you may receive benefits when the spouse is eligible to retire.