ONCALL
...Family Law
......Employment Benefits-Pension/Disability
6 Cards On This Topic:

QDROs are a proper vehicle to enforce damages for breach of fiduciary duty.

A QDRO can assign “all or a portion of" the retirement plan benefits to a nonemployee former spouse.

W consented to court's jurisdiction under FUSFSPA by filing for divorce in CA, seeking confirmation of "all" premarital s/p, asking court to determine "any" c/p assets, and requesting the appointment of retirement account expert.

Order granting H's QDRO reversed as it did not comply with the time rule agreed to at separation in the stipulated judgment.

H's QDRO, mandating that upon W's death her share of his pension would revert to him, attempted to revive the terminable interest rule, thus violating FC §2610.

A lump sum H acquired when he became a partner in the firm, which occurred after the parties’ date of separation, was his s/p, not an enhanced community benefit derived from the retirement benefits accrued during marriage.