Usually a QDRO is filed (Qualified Domestic Relations Order) and there are rules about when the receiving spouse ("the alternate payee") can or will receive his/her potion of the benefits. If someone wants "his share" right away, then sometimes the spouse who is in the retirement plan keeps 100% of the retirement plan but transfers the other spouse some other assets or takes on additional debt payments to make up for not having to transfer part of the retirement.
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