Appeal from the Decree of the Court of Common Pleas of Cumberland County, Civil Division at No. 90-1144 CIVIL TERM. Before SHEELY, J.
Before: Cirillo, P.j.e., Popovich and Hester, JJ. Opinion BY Popovich, J.
The opinion of the court was delivered by: Popovich
This is an appeal from the final decree of equitable distribution of the Court of Common Pleas of Cumberland County. Herein, appellant claims that the lower court erred in failing to modify a Qualified Domestic Relations Order. We affirm.
The record reveals the following pertinent factual and procedural history as set forth in the opinion of the trial court: 1. Petitioner is an American citizen and Pennsylvania resident currently living and working in Norway.
2. Respondent, Elizabeth Stockton (Mrs. Stockton), is petitioner's former wife. She is employed by the United States Government and lives in McLean, VA.
3. This court entered a divorce decree in this matter on August 3, 1994, which incorporated a report by the Cumberland County Divorce Master dated June 16, 1994.
4. On December 12, 1994, this court signed a QDRO under the above caption.
5. The QDRO as entered awards Mrs. Stockton sixty (60) percent of the marital property component of Mr. Stockton's civil service pension.
6. The coverture fraction to be applied to the benefit has a numerator of 262 months and a denominator of the number of months of government service by Mr. Stockton at the time of his retirement.
7. The QDRO states, "Husband shall designate the Wife as the 'surviving spouse' for all purposes under the retirement plan to include maximum survivor benefit without regard to whether Husband has a subsequent surviving spouse. "
8. The QDRO further states, "Husband shall irrevocably elect the maximum survivor benefit option available in his benefit plan. Wife shall be entitled to receive the maximum survivor benefit from Husband's retirement plan to include any benefit which might result from the death, before retirement, of Husband. "
9. Finally, the QDRO states, "The Husband waives any and all claims, demands, rights, title or interests that he may have or hereafter acquire in any future asset of the Wife including but not limited to the right to ...