When drafting Judgment language to divide a pension subject to division with a subsequently prepared qualified domestic relations order (“QDRO”), the family law practitioner should create language in the Judgment sufficient to place a hold on the pension until a QDRO is entered. (Please note that “QDRO” in this article refers collectively to all types…

In Carmona, participant retired with a joint and survivor annuity with spouse. He subsequently divorced that spouse, remarried and then died. The plan began paying survivor benefits to the former spouse pursuant to the joint and survivor annuity selected when participant retired. The participant’s widow attempted to obtain a share of former spouse’s survivor benefits…