Retirement Interests

IRAs and pensions are generally divisible as part of a divorce agreement. IRA's can simply be "rolled over" from one spouse to the other. Note that the spouse taking a share of the other's IRA will also receive any and all tax liability associated with that asset. With regard to pension divisions, if a party is to receive payments from the other party's pension, this will likely need to be accomplished through something called a Qualified Dispute Resolution Order (QDRO). Under a QDRO, the "alternate payee" is designated to receive his or her described portion of their former spouses pension by direct payment to that "alternate payee" when and as the other party is entitled to their share (if any) of the pension. In some circumstances, a completely segregated pension account will be established for the "alternate payee," including plan selection rights.