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If I am the participant and I remarry, how will the QDRO affect my new spouse?

If a separate interest approach is used in drafting your QDRO, you will be able to provide survivor benefits to your new spouse based upon the portion of the benefits that remained your property. Therefore, after your death, your spouse will still be able to receive a survivor benefit relative to the portion of your pension which was not awarded to your ex-spouse. If a shared interest approach is used to draft your QDRO, it is possible to jeopardize your new spouse’s survivor benefits. Therefore, by using the shared approach, you new spouse could receive nothing and your ex-spouse could receive everything after your death.