Benefits Available in the Event of a Divorce

Beginning on January 1, 1985, Federal law provides that in the event of a divorce, a former spouse may have a right to receive some portion of a Participant's benefit directly from NEBF. In connection with a divorce or property settlement agreement, a court may direct that a portion of a Participant's benefit be paid to a former spouse. Such payment cannot be made to a spouse before the Participant is eligible for a benefit.

NEBF will recognize such a court order and make direct payments to a former spouse only if there is a Qualified Domestic Relations Order (QDRO) as required by Federal law. You will need to provide NEBF with a complete copy of any and all signed divorce decrees and QDROs.

NEBF has written procedures for notifying you of our receipt of a court order affecting your benefit and for determining if the court order is an acceptable QDRO. NEBF also has model QDRO provisions to assist you in obtaining an acceptable QDRO. These may be obtained by clicking here.

If You Divorce While Receiving a Benefit

Will My Benefit Change If I Divorce While Receiving the Lifetime Option?

If you divorce while you are receiving the Lifetime Option, your benefit amount wil not change. However, your former spouse may have a right to a portion of your benefit as specified in your divorce decree or QDRO.

Will My Benefit Change If I Divorce While Receiving the Joint and Survivor Option?

If you divorce while you are receiving the Joint and Survivor Option, your benefit amount will not change and your former spouse will still be eligible for a benefit at the time of your death.

If you divorce after July 1, 1998, and your divorce decree or QDRO specifies that your former spouse is no longer eligible for the Joint and Survivor Annuity Benefit, your benefit amount will be adjusted to the Lifetime Option effective the month following your divorce.

In either event, your former spouse may have a right to a portion of your benefit as specified in your divorce decree or QDRO.