QUALIFIED DOMESTIC RELATIONS ORDERS (QDROS) UNDER CONNECTICUT LAW: SUMMARY OF REPORTED DECISIONS

Summary of Factual Background: The parties' separation agreement, which had provided for the order as a means of dividing and equalizing various   retirement accounts, provided that the assets were to be valued   as of the day of dissolution or as close to that day as values could be obtained. The order, however, provided, in effect, that the defendant's 401 (k) retirement account was to be valued as of "the last valuation date prior to the date distribution is to occur. . . ." Between the date of the dissolution judgment and the subsequent distribution date proposed in the order, the value of the assets in the defendant's possession decreased significantly.  Plaintiff moved to correct the qualified domestic relations order so that distribution would be based on the 401(k)’s value as of the date of dissolution.  The trial court granted plaintiff’s motion.

Holding: The appellate court affirmed the trial court’s modification of QDRO so as to provide for the valuation of defendant’s 401(k) as of the date of dissolution,

Both vested and nonvested pensions are marital property under Connecticut law: “unvested pension benefits are not too speculative to be considered property subject to equitable distribution under § 46b-81.”