Pensions belonging to either spouse may constitute marital property under Georgia law, at least to the extent that the spouse contributed to the pension during the marriage, causing it to appreciate in value. This may be the case even if all or part of the pension is unvested. Typically, if the parties agree or the judge orders that a spouse’s pension, or a certain portion of it, should be divided between the parties, the court issues a Qualified Domestic Relations Order (QDRO), which directs the administrator of the pension plan to divide the value of the pension between the spouses as specified.
There are some pensions, however, that by law are not divisible in a divorce proceeding. These might include certain types of government pensions. If the pension is not divisible, then the parties and/or the divorce judge must find a way to award an equitable portion of the pension’s value to the other spouse, which is far from a simple matter. For instance, instead of trying to divide the actual pension, one solution might be to offset the spouse’s share of the pension value using other assets.
Dividing pensions in a divorce proceeding is not an easy task to complete. However, a Georgia divorce lawyer will ensure that you get all of the property to which you are entitled in your divorce, even if that property includes a spouse’s pensions with significant limitations on its division. Enlisting the assistance of an experienced divorce attorney is key to resolving your divorce in a manner that is acceptable to you.
Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.
Scott Shaw is founder and principle of Shaw Law Firm, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.