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What Happens If You Are Divorced
The
qualified joint and survivor annuity is usually cancelled if you are divorced
before your retirement payment begins; the benefit will then be paid to you in a
single life annuity or another optional form of benefit selected by you.
However, once payment in the qualified joint and survivor
annuity form begins, the amount is not changed because of divorce.
In some cases, a divorce decree or other qualified
domestic relations order may give your ex-spouse or an alternate payee (your
child or other dependent) a right to part or all of your retirement benefit,
payable at any time after you reach early retirement age, whether or not you are
retired at that time. The order must clearly identify the alternate payee and
the part of your benefit to which he or she has a claim. Earlier spouses'
claims, under such domestic relations orders, take precedence over other
parties' claims, including yours and those of any of your subsequent
spouses.
If you are receiving the qualified joint and survivor
annuity and are later divorced, your ex-spouse will be entitled to a benefit
unless otherwise specified in a divorce or other qualified domestic relations
order.
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