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Marital Portion of Pension Paid At Retirement

When the pension is to be divided at the retirement, the parties do not have to estimate what the value will be at that time.

The judge would calculate the marital portion the same way as if the current distribution method is being chosen.

A typical formula is:

# days employed during the marriage ----------------------------------------------------------- # total days employed to earliest retirement date

Whatever that fraction was, each spouse would receive that fraction of the monthly payments, when they are made.

Note: In some cases, the non-employee spouse could actually start receiving payments before the employee spouse. This could happen if it was provided for in a qualified domestic relations order ("QDRO") and the employee spouse had passed the earliest retirement age but was still working.

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