When couples divorce in their 50's and 60's, a pension may be one of the largest assets they divide. State law determines whether you may be entitled to a portion of your former spouse's pension. You will need a special court order called a Qualified Domestic Relations Order QDRO (pronounced "quad-row") for private employer plans, or a court order for processing federal pensions, in order to receive your share directly from the plan. You may be awarded an immediate lump-sum pay-out, or you may defer benefits until your ex-spouse begins to receive his benefits. If you are the major wage-earner in the family, your former husband may request a share of your pension.

Your attorney should ask your former husband's employee benefits office for a summary plan description in order to prepare a QDRO or other special order.

If the pension is from the federal government, another state, or a private employer or union, you may request that this benefit be paid directly to you by means of a QDRO. If you have not asked for payment from your former spouse's pension, many divorce courts will not amend the court order once it is made.