UFCW Midwest - Midwest Health and Pension Funds

United Food & Commercial Workers

Unions and Employers

Midwest Health and Pension Funds

Divorce and Qualified Domestic Relations Order

In most states, a pension is considered marital property during divorce negotiations and proceedings.

Divorce Inquiries

When divorce negotiations are in progress, you or your attorney may want to find out the value of your pension as of a certain date. However, we cannot give you a specific value because the Plan is not structured that way.

This Plan is a “defined benefit plan” which means pensions are based on a defined formula that takes into account years of service and a rate established by the Board of Trustees. There is not an account maintained with your name and a dollar balance.

We can provide a letter explaining how the Plan works, how much Credited Service you have earned at the time, and an estimate of your benefit based on this Credited Service.

Qualified Domestic Relations Order (QDRO)

In a divorce proceeding, the court may issue a “qualified domestic relations order.” We are required by law to recognize and comply with QDROs.

A QDRO instructs us to pay all or part of your pension to your spouse, former spouse, child or dependent. The amount to be paid is usually determined by a formula which provides that the spouse, for example, is entitled to a certain percentage of your pension based on how many years of marriage included years that you were earning pension credit.

We have a Model QDRO Form that attorneys may use when they draw up a QDRO. If our form is used, we can accept the QDRO as presented. Use of our form is not a requirement but it allows for quicker and smoother processing of the QDRO.

  

(Updated 05/01/13)