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Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5767
Experience:  20 years of professional experience
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How long after a divorce is finalized can a Quadro be file

Customer Question

How long after a divorce is finalized can a Quadro be filed?
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.
Hello:
What state are you in?
Are you asking about how long a party has to draft a QDRO and have it signed by a Judge?
Is division of retirement addressed in the divorce decree?
Customer: replied 1 year ago.

Michigan

Yes it is, however the Quadro was different regarding the annuity and survivor / spouse

Expert:  Maverick replied 1 year ago.
Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
Without more background facts, it is unclear whether you are asking about amending an existing QDRO that is part of a divorce decree or obtaining a QDRO as a separate order from the divorce decree. It appears that you are asking about the former.
There is nothing in ERISA that requires that a QDRO be issued as a separate judgment, decree, or order. Accordingly, a QDRO may be included as part of a divorce decree or court-approved property settlement, or issued as a separate order, without affecting its qualified status. ERISA § 206(d)(3)(B); IRC § 414(p)(1).
However, it is the well-settled rule in Michigan that the property settlement provisions of a divorce decree cannot be set aside, modified, or altered in the absence of fraud, duress, or mutual mistake. Newton v. Security National Bank of Battle Creek, 324 Mich 344; Pierson v. Pierson, 351 Mich 637; Greene v. Greene, 357 Mich 196.
So, it appears that without a showing of one of the conditions above you would not be able to apply for an amendment to the QDRO. I now that this is probably not what you wanted to hear, but I am assuming that you are paying for a professional and honest answer.
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