NEED MORE INFO......
Sounds like what is involved here in an employer-sponsored tax deferred retirement savings plan. I presume this was a 401(k) plan. Is that correct?
Also, was the "specified amount" of your court-awarded share of the retirement interest expressed in terms of a specific DOLLAR AMOUNT? Or is it stated in terms of a specific PERCENTAGE?
Also, in either case, does the language of the divorce judgment specify a division date for division of the retirement plan? For example: "Wife is awarded 50% of husband's vested interest in the ABC Widget Corp. 401(k) Retirement Savings Plan as of June 30, 2009." ? Or "Wife is awarded $10,000 as of the date of this judgment." ?? Or words of similar effect.
PS: Unfortunately, it sounds like the lawyers from whom you have sought help did not know anything about QDROs. Adding insult to injury is that many otherwise fine family law lawyers THINK they know how to deal with division of retirement interests incident to divorce but really do not. And it ends up being the poor client who sustains the damage from the lawyer's ignorance I see this happening all that time. But from the facts you have presented so far, your case appears to be "fixable." We just need further information in order to be able to figure out the right "fix."
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).