If a defined benefit pension plan existed prior to the marriage, the post-divorce division will be based upon the total amount of time the titled spouse participated in the plan, and how long he or she was in the plan while married. In most cases, 50% of the portion of the plan that accrued during the marriage is transferred out or paid to the alternate payee – the other spouse. Then the titled spouse retains the portion that was theirs prior to the marriage and 50% of the portion earned during the marriage.
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