North Carolina Divorce Lawyers Blog

Articles Tagged with QDRO

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By: Dana M. Horlick, Attorney, Woodruff Family Law Group
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VanderKam v. VanderKam, 776 F.3d 883 (D.C. Cir. 2015)

(a) Facts: Before the parties were divorced, the wife was the death beneficiary of the husband’s retirement plan. The parties were divorced in Texas. Their divorce decree was silent on survivor benefits, but awarded the husband all rights existing because of his employment. Continue reading →

Published on:

By: Dana M. Horlick, Attorney, Woodruff Family Law Group
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Yale-New Haven v. Nicholls, 788 F.3d 79 (2d Cir. 2015)

(a) Facts: A husband and wife were divorced in Connecticut in 2008. The divorce decree incorporated a settlement agreement, which provided that the husband would transfer to the wife half of the marital share of his retirement benefits. No QDRO was entered to enforce this language, and the husband did not make the required transfer to the wife. Continue reading →

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By Carolyn J. Woodruff, North Carolina Family Law Specialist, JD, CPA, CVA
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I.R.C. § 414(p) and 29 U.S.C. § 1056

Morris v. Metropolitan Life Ins. Co., 751 F. Supp. 2d 955 (E.D. Mich. 2010)

(a) Facts: When the husband and the wife were divorced, the state court divorce decree extinguished all rights held by one in any life insurance of the other.  But the husband retained the wife as beneficiary of his employer-provided life insurance.  Upon his death, the plan paid the proceeds to the first wife, and the husband’s second wife sued to recovery the proceeds. Continue reading →

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By Carolyn J. Woodruff, North Carolina Family Law Specialist, JD, CPA, CVA
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Molinet v. Comm’r, T.C. Memo. 2014-109, 2014 WL 2573992 (2014)

(a) Facts: A husband and wife were married.  The wife was from Cuba and was admitted to the United States on a fiancé visa.  The husband controlled the marital finances, with minimal input from the wife.  She had access to the parties’ joint checking account, but rarely used it and did not have a good understanding of the United States banking system.  She paid her expenses with a weekly allowance from the husband. Continue reading →