Unlike in a separate interest QDRO, the timing and form of benefit are determined by the employee spouse under a shared interest Qualified Domestic Relations Order (QDRO). The former spouse receives their benefits at the same time as the employee spouse. It’s important to note that a shared interest QDRO is the only option if the employee spouse already started receiving pension benefits. Should the former spouse predecease the employee spouse, the benefit amount reverts back to the employee spouse. However, if a joint & survivor annuity was not elected when determining spousal benefits, if the employee spouse predeceases the former spouse, the benefits to the former spouse would cease. In some cases, this may not be avoidable. Regardless, it’s important to fully understand for informed negotiating and financial planning.
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