Retirement funds and pension benefits are viewed as marital assets in a divorce.
But states have worked hard to avoid what has been described as "double-dipping." Mediation Associates of NY and NJ
said that means a dependent spouse can't receive alimony from pension benefits, if those benefits have been divided in the divorce.
Retirement doesn't typically cause alimony requirements to end.
Free Retirement Calculator: When Can You Retire? — Click Here to Find Out
The legal website divorcesource.com said that pension
and retirement accounts can be garnished to force a spouse to adhere to an order of alimony.
A form called a QDRO (Qualified Domestic Relations Order) is sent to an ERISA-approved pension plan administrator "to equitably distribute pensions that were earned during marriage," divorcesource.com said.
The website noted that one overlooked piece of information during a divorce was that a QDRO could be used "to seize an additional portion of the retirement benefit remaining with the retired former-spouse to pay for alimony each month."
QDROs can also be used to collect past-due alimony, the website said. Seeking to seize or garnish pension and retirement money for payment of back alimony "may be your last chance to get paid" from a spouse who hasn't paid.
How Soon Can You Retire? Free Test Shows You When — Click Here
Under federal law, Social Security benefits may also be garnished to collect court-awarded alimony, according to the Social Security Administration
© 2021 Newsmax. All rights reserved.