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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11458
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My ex wife filed a QDRO with my union on my pension. What is

Customer Question

My ex wife filed a QDRO with my union on my pension. What is this thing and how valid is it, or, is it legal?
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Evening,

I will try to best answer your question.

A QDRO is a qualified domestic relations order. When the parties have reached an agreement where the court has entered an order dividing assets it is a document sent to the plan administrator telling the plan administrator how the retirement is to be divided. It is valid if done by agreement or order of court. It's unusual that you would be unaware of the division of the pension and it should have been part of an agreement you reached or a hearing you attended. However this is the method by which 401ks and pensions are divided.

Customer: replied 1 year ago.
This was presented to the plan administrator first and not the court. Nothing has been decided upon between the two parties
Customer: replied 1 year ago.
The divorce papers state that my pension was to be decided by family court at the time of my retirement. I am not retiring for at least three years.
Expert:  mmdesq replied 1 year ago.

It will not be divide until your normal retirement ago. Then the order will create a separate account for x from yours with her portion.

Expert:  mmdesq replied 1 year ago.

Would you be kind enough to rate me please

Expert:  mmdesq replied 1 year ago.

Would you be kind enough to rate me please

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