Woodward was a UT Supreme Court Case from 1983 and the formula developed in that case divides the number of years the person actually works before retiring into the number of years that benefits were accruing during the marriage to establish a percentage. This percentage is divided in half and each spouse gets their respective share. For instance, say a person started working at a company 20 years ago. Five years later that person marries. The divorce occurs after 15 years. The person continues to work after the divorce for another 10 years before retiring. Therefore, the number of years the person worked at retirement (30) is divided into the number of years married (15). This is 50%. The other spouse will get ½ of 50% or 25% of the retirement. The retiring spouse will get 75%. At the time of the divorce, the employer is notified of the retirement division through a document typically referred as a QDRO. When the spouse actually retires, the retirement plan administrator will then issue two checks, one each for the respective shares.
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Where can a copy of this document/worksheet be obtained?
Particulars of my case:
Retired firefighter, hired August 1977
Married October 1991
Retired August 2005, drawing pension since then
Spouse left, moved out January 2009
As a firefighter in Utah retirement system, we did not pay FICA into Social Security System. Does this have any bearing or factor into the formula?
I am 58, spouse is 47
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