qualified domestic relations order pension

• Laughner v. Laughner, (Ohio 2011)

DOMESTIC RELATIONS – spousal support; continuing jurisdiction; Qualified Domestic Relations Order; pension benefits; abuse of discretion; contract ambiguity; interpretation of agreed judgment entry; expectation of finality

• Ohio Supreme Court

• 3rd Circuit Court Rules Plaintiff Entitled to Share of Ex-Husband's Pension

A woman was entitled to a share of her deceased ex-husband's pension where their property settlement agreement granted her vested rights in the plan that could be perfected after the husband's death, the 3rd Circuit has ruled in reversing judgment. The plaintiff's property settlement agreement granted her a one- half interest in her husband's pension plan to be enforced pursuant to a qualified domestic relations order (QDRO).

• Lawyers USA
• November 21, 2005

• Pawlak v. Pawlak, (Ohio 2011)

Motion to vacate; qualified domestic relations order (“QDRO”); pension fund; Civ.R. 60(B).

• Ohio Supreme Court

• Preretirement Death Benefits Not Automatically Included in Judgment of Divorce and Qdro

According to the New York State Court of Appeals, a judgment of divorce and qualified domestic relations order awarding an interest in a husband's pension plan do not automatically include preretirement death benefits available under the plan. This was the finding of New York State's highest court in Sandra Kazel v. Susana Corsello Kazel, as Administrator of the Estate of Robert Kazel, Deceased. Specifically, the New York State Court of Appeals held if it was the matrimonial court's intent to distribute such benefits then it should be explicitly stated.

• Daily Record (Rochester, NY)
• November 29, 2004

• DiFrangia v. DiFrangia, (Ohio 2003)

DOMESTIC RELATIONS - PROPERTY; qualified domestic relations order; QDRO; pension; marital property; passive growth.

• Ohio Supreme Court

• Fazenbaker v. Fazenbaker, (Ohio 2010)

DOMESTIC RELATIONS - PROPERTY- pension or retirement benefits accumulated during marriage are marital assets; military pension; qualified domestic relations order; coverture or fixed methods of valuation; property division is reviewed as a whole, not item-by-item; general rules cannot provide for every contingency; domestic relations court can offset spouse's interest in marital portion of the retired spouse's pension with other marital property.

• Ohio Supreme Court

• Janice Brown Dorn, Plaintiff-Appellant, v. International Brotherhood of Electrical Workers, Etc., Et Al., Defendants, Electricians Pension Trust Fund, Substituted Party for Ibew Local 995, Electricians Health, Welfare and Benefit Plans, Defendant-Appellee., 211 F.3d 938 (5th Cir. 2000)

... her claim, ostensibly pursuant to a Qualified Domestic Relations Order ("QDRO"), for continued p...

• Federal Circuits

• Straw v. Straw, (Ohio 2004)

Qualified domestic relations order, modify, clarify, ambiguous, supplemental benefit, monthly benefit, pension

• Ohio Supreme Court

• Boggs v. Boggs, 520 U.S. 833 (1997)

... interest in Isaac's undistributed pension plan benefits. Sandra contested the validity of th...Pp. 839-854. (a) In order to resolve this case, the Court need not interpret...That annuity is a qualified joint and survivor annuity mandated by § 1055, th... plans, § 1055(a), or a "qualified domestic relations order" awards the spouse or dependent an...

• U.S. Supreme Court

• Keith v. Keith, (Ohio 2004)

A judgment entry granting divorce was not final and appealable where the court ordered preparation of a Qualified Domestic Relations Order to allocate pension plan proceeds of undetermined existence, and no QDRO had been prepared or approved at the time of appeal.

• Ohio Supreme Court