If the pension plan administrator accepts the divorce decree that says I get “an equal share” of the pension plan, isn that good enough?
Once again, it depends on the divorce decree, the plan administrator, and your individual facts. Don’t forget. Every divorce decree can be a QDRO. Let’s take the same decree as in the previous question, but consider the flip side. Let’s say the plan administrator, rightly or wrongly, determines that the divorce decree is a QDRO. Let’s say that the plan administrator then, rightly or wrongly, interprets the language “an equal share” to mean the former spouse is entitled to fifty percent of the pension benefit earned before, during, and after the marriage, rather than fifty percent of the pension benefit earned just during the marriage. That result may or may not be what the court, their divorce attorneys, or the parties intended. Many plan administrators do not disclose how they are interpreting your divorce decree when the QDRO is accepted, so the plan administrator’s interpretation may not come to light until many years later, if ever.
