Can a pension be attached for family support?
In general, pension benefits cannot be taken away from a participant by people to whom they owe money. The law makes a limited exception, however, when family support is at stake. Thus, a state court can award part or all of a participant’s pension benefit to their spouse, former spouse, child or other dependent by issuing a qualified domestic relations order, which must be honored by the plan. The person named in such an order is called an alternate payee. The court’s order can be in the form of a state court judgment, decree or order, or court approval of a property settlement agreement.
In general, pension benefits cannot be taken away from a participant by people to whom they owe money. The law makes a limited exception, however, when family support is at stake. Thus, a state court can award part or all of a participant’s pension benefit to their spouse, former spouse, child or other dependent by issuing a qualified domestic relations order, which must be honored by the plan. The person named in such an order is called an alternate payee. The court’s order can be in the form of a state court judgment, decree or order, or court approval of a property settlement agreement.
