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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118306
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Wife asking of retiree pay? does she get it

Customer Question

wife asking for percentage of retiree pay? does she get it during separation or after divorce is final. Is it calculated before or after taxes? If she remarries doe it stop?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Pension is a marital asset that is capable of division which is divided upon dissolution of the marriage based on the value of the plan at time of separation. The marital share of these plans is the contributions and earnings from the date of the marriage to the date of separation. Virginia law provides that the court can order that the non-employee spouse receive up to fifty percent of the marital share of any pension, profit-sharing or deferred compensation plan or retirement benefits. It is calculated before taxes and each spouse is liable for the taxes on the amount they receive from the plan. The court has to issue a qualified domestic relations order for her to receive any share of the retiree pay (QDRO).