If you are divorced before retirement, your spouse will lose all of his/her rights to your benefits under the Plan, unless the Plan is served with a qualified domestic relations order (“QDRO”) from a state court. The state court can preserve a former spouse or child’s right to share in your pension benefits. Your former spouse and child may receive a portion of your pension under a QDRO, and a QDRO may require you to retain your former spouse or child as a beneficiary under the guaranteed payment form. A divorce after retirement has no effect on the payment of benefits to your spouse by the Plan after your death under the normal joint and survivor form.
The Plan will pay all or a portion of your benefit in compliance with a court-issued Qualified Domestic Relations Order (QDRO) that meets Plan and all other ERISA standards. The Fund Office will treat a domestic relations order as a claim for benefits under the Plan and issue a letter acknowledging that the order is “qualified” (so as to entitle the spouse to benefits) or that it is “not
qualified” and will not be accepted by the Plan. Any party to the order can appeal the determination of the Fund Office under the procedures for appeal of a benefit denial. If you are scheduled to receive payment of your benefits while the Plan is considering the qualified status of the order, the Plan will segregate any amounts potentially payable to the spouse while the qualified status of the order is under consideration (up to a maximum of 18 months).
The Plan will generally ask you about any divorce or property settlement agreement when you apply for payment of benefits. You and your former spouse may need to verify that a former spouse has no right or claim to your Plan benefits before payment to you begins.