Is it automatic that a wife is awarded 50 percent of pension up until the time of divorce or should it be stipulated in divorce papers?

Each spouse is entitled to one-half of all assets acquired from the date of marriage until the date of separation. This includes retirement benefits. To be enforceable, this division must be included in the marital settlement agreement or judgment document and a Qualified Domestic Relations Order (QDRO) must be prepared in order to have the retirement benefit honor the asset division.

An award of a pension would be 50% of the community's interest. The award should be reflected in the Judgment and later in a Qualified Domestic Relations Order so the retirement plan can properly divide the plan or the benefits.