investment earnings and/or losses

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ntang
Posts: 31
Joined: Fri Mar 02, 2018 12:01 am

investment earnings and/or losses

Post by ntang » Fri Mar 02, 2018 12:35 am

Will the alternate payee be entitled to growth on alternate payee’s share of the benefits "automatically" under a defined contribution plan?

lduffy
Posts: 29
Joined: Thu Mar 01, 2018 10:15 pm

Re: investment earnings and/or losses

Post by lduffy » Fri Mar 02, 2018 1:32 am

No. If the intent is to provide the alternate payee with investment earnings and/or losses that are attributable to alternate payee’s share of the benefits from the date of division based on your state’s marital property law to the date of distribution, the QDRO must include specific language to this effect. If the QDRO does not include a specific reference regarding investment growth, the alternate payee's share of the benefits may be frozen as of the effective date of division.

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