Which method is used to divide a pension in family law?

The Qualified Domestic Relations Order (QDRO) is the correct method for dividing a pension in family law. A QDRO is a legal order that recognizes the right of one spouse to receive a portion of the other spouse's retirement benefits. This is especially important in cases of divorce, where pensions are often considered marital property.

When a divorce occurs and a pension is to be divided, a QDRO is necessary to ensure that the division complies with federal law governing retirement plans. The QDRO must be drafted according to specific legal requirements and approved by the retirement plan administrator. This order provides clear instructions on how much each party will receive from the pension, thus facilitating the division of this asset fairly and legally.

Other methods mentioned, such as community property, may provide a general framework for asset division in some jurisdictions but do not specifically apply to the technical and legal processes needed for retirement benefits. The simple division of assets does not address the complexities involved with pensions or retirement accounts, and a sharing agreement alone would not fulfill the legal requirements needed to access those benefits post-divorce. Hence, the QDRO stands out as the appropriate instrument for this purpose.