Retirement benefits and old age pension after divorce
In community property states, the non-employee spouse is often entitled to his or her one-half community share of the retiring spouse’s benefits accrued during marriage. Generally, such benefits must be awarded within the divorce and a QDRO must be completed and filed with the Court in order for the former spouse to obtain those benefits. It is not automatic and it is not usually available after the fact. In other words, if you failed to address the issue at the time of the divorce, you are unlikely to be able to come back later and demand your one-half share. For more