Virginia Divorce Law: Just Because You Got It, Doesn’t Mean It’s Protected

Imagine you’ve just wrapped up a divorce case and the court awarded you 45% of your retired ex-spouse’s pension plan. You would think that you can then rely on getting a specific amount of money, 45% of the monthly pension payment your partner has earned, and there’s no way you’ll be getting less than that. Well, not necessarily. That’s what the Court of Appeals addressed recently in the case of Pederson v. Pederson, Record No. 1178-15-4 (Va. Ct. App. 2016). Continue reading

Virginia Equitable Distribution: To Modify a QDRO . . . or Stopping Scoundrels

What happens when your spouse liquidates a retirement account after the divorce but before you get your share of it?  Can the court enter a new order letting you get a share of another account to make up for it?  Or are you just screwed?  The Virginia Court of Appeals faced these questions in Forest v. Forest, Record No. 0836-12-4 and held that you are not just screwed. Continue reading