Postal Letter

What kind of QDRO can I ask for in a Maryland divorce involving a USPS employee?

I am filing for an Absolute Divorce this week in the state of Maryland. We have been married 16 years and have one young child. He is a US Postal employee with a pension and TSP. What can I expect if I ask for a part of his pension in a QDRO in this situation? He has been with the USPS since 1999. I have worked outside of the home almost our whole marriage, but currently work for myself and have no retirement acct. Thanks.

Public Comments

1. Since your filing for divorce, your divorcing him, he is not divorcing you. That being said, you are entitled to child support if your child is 18 or under. That is if the judge awards custody of the child to you. Let me ask you this, If you did have a pension or a heafty 403b or 401k, do you think your husband deserves half of it or any of it at all if he divorced you? I am guessing you would not be in favor of sharing that money that YOU worked so hard for all these years with him. That being said, I think it's asking to much to expect your husband to do the same and share his pension with you just because you work for yourself. There is no reason why a self employeed person can't set up a retirement fund. Anyone who runs a successful homebased business would have already done that. You really need to take a look in the mirror and ask youself are you powerful and selfdrivin or are you weak and powerless? Only the weak and powerless would rely on other peoples money. Your husband works for UPS, your divorcing him so I wouldnt hold your breath thinking your going to take him to the cleaners. In the event of a divorce it's ALWAYS better especially with kids involved to walk away clean and at peace with one another. Split your assets, dont fight over little things and don't try and take what truly is not yours to take like his pension. Lastly, it's your husbands job to provide to you while your married....Not after. Just walk away.
2. Your husband's pension and TSP are considered Marital Property, meaning that they are subject to division in your divorce. If you have been married during all the years that your husband has been a Federal Employee, you could expect no less than 50% in litigation. The TSP and Pension require a similar form to the QDRO, which can be found at www.tsp.gov.You would most likely share the pension on an "as,if, and when" basis and have 50% of the TSP transferred to your IRA. You should discuss the alternatives with a certified divorce financial planner as you could receive the cash from the TSP rather than having it transferred to an IRA. The cash received would be taxable but not subject to the 10% penalty.
3. I don't think you should get 50% of his pension and TSP since you decided to call the marriage off.
4. I worked with pensions and divorce for 25 years... so here is my two cents! Divorces are part of the Marital Assets, so contrary to what other think, retirement needs to be part of the negotiable assets. You are entitled to 50% of the pension he earned during the years you were married. The pension is calculated at the time you divorce.. based on current earnings, years of service, age factors. Since you were married in 1999, half of a 12+ year pension is what you will be entitled to. This is only a 6 year pension.. right? You can ask for a retirement estimate (from the employer or your attorney can hire an actuary). Your attorney will negotiate the specifics of the QDRO (many variables here). His pension continues to increase, assuming he retains employment... and yours is simply a reduction from his total benefit at the time he retires. The two pensions are completely separate in the retirement plan. If you aren't happy with the idea of a small pension, don't sign off too quickly for some other negotiable item or cash. Will the cash last a lifetime? maybe, maybe not. Will you spend it before retirement? Probably. Finally, your Social Security payment at age 62, plus this smaller QDRO pension, will give you more than Social Security alone, right? Every little bit helps during your retirement years... P.S. Get the QDRO right away, after you divorce... some put it off, never get it done and end up back in court, years later, at time of retirement. Sometimes new spouses are involved... just get it done now. Grin! No excess court costs and new attorneys need to be involved.