A qualified domestic relations order (QDRO) is sometimes used in divorce cases. Specifically, this court order can be used to address retirement benefits.
For example, perhaps you and your ex were both planning to retire on a pension that they have been earning through their job. Divorce may cause you to feel concerned that you will lose access because you will not receive those pension payments in the future when your ex retires. But with the QDRO, a portion of those retirement benefits can be sent to you so that you still receive the financial assets you expected when you were married.
Factors the court considers
The division of retirement benefits can be even. For instance, perhaps you and your spouse were married for 30 years. Shortly after the marriage, your spouse got the job at which they earned their pension. They retired right before filing for divorce. Since 100% of the pension was earned during the marriage, you may both be able to claim an equal portion of the marital assets.
But both the length of your marriage and when the pension was earned are the main factors that the court considers at this time. If your spouse has not retired yet and will earn more of the pension after the divorce, this could reduce the percentage that is allotted to you. The same is true if they were already employed and earning that pension before getting married. Typically, only the portion that was earned during the marriage qualifies as a marital asset and has to be divided.
It is important to protect retirement benefits and other expensive assets during a divorce. Carefully look into all of your legal options at this time.