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Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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# Can I received non-qualified plan benefit from my ex-husband

Can I received non-qualified plan benefit from my ex-husband company when I divorce him.
He retired and now all pensions are pay in status.

We must divide his pension by time rule.
But I'd like to know how much I can get Non-qualified benefit such as supplemental retirement plan.

In terms of a 'non-qualified' benefit, the benefit is generally calculated the same way as a 'qualified' benefit, meaning based on length of time of marriage based on how long the benefit was earned by the spouse and what percentage of that benefit was earned while married to you. To use an example, if the benefit grew 60% while you were married, that 60% growth is split in half, and you would be entitled to about 30% growth of the benefit going forward. But if this benefit was scheduled and obtained after divorce was granted and s a separate benefit, you would not be naturally entitled to it since it was not earned or obtained while married. If you can provide more specific information I can better break it down, but in general this is how this is reviewed and calculated.

Hope that helps clarify.

Customer: replied 3 years ago.

Dear Mr. Dimitry K Esq.

I heard that qualified plan and non-qualified will be divide in different way.

qualified will divide in time rule and non-qualified will not.

Can you check one more time?

Also I want to know about time rule.

my ex worked for the company for 36 years and we had married for 12 years during his working.

That means I can get pension half of 1/3(period) we married?

It means that I will get half of the value of 12 years(last 12 years) ?

Which is the right way to calculate as follows?

1/6(=half of 1/3married period) of the total amount of the pension?

Or

(Total amount of pension - the value of we married) divide in half.

Thank you.

Thank you for your follow-up, Mai Mura.

Qualified and non-qualified splits are not based on the funds but on when they were earned. For example if your spouse earned a non-qualified bonus during the time you were married, such a bonus is considered communal and marital and is generally split 50/50. But at the same time a non-qualified pension plan that was added to by the employer and your spouse and gradually grew in value much like a qualified plan is likewise split like a qualified plan, base don time and proportion of value. Hence, there may be a difference in the split but it would be based on how the funds were earned, not on the fact that the funds are potentially qualified or non-qualified in nature.

The formula for proper calculation is the first one you listed, as the split is not a straight 1/6 of the pension, it is based on evaluation from time of marriage to divorce. For example if pension was worth \$50,000 at time of marriage, and is now worth \$80,000, the growth in value, the \$30,000, is the marital growth--that is what wold be split in half with half going to the other spouse.

Hope that helps.