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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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I have been divorced from my ex-wife 25 years, I am nearing

Customer Question

Hi, I have been divorced from my ex-wife for almost 25 years, I am nearing retirement and I checked with my pension plan administrator and found they have my plan flagged with a QDRO, but when they checked further, there was no official QDRO order in place....There is a set amount of my pension that my ex is entitled to...what does she have to do? I thought this was all set up when the divorce was finalized.....I live in NY State....
thanks,
Don Hicks
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Morning,

I will try to best answer your question.

I recommend reviewing your post nuptial agreement to determine who was legally responsible for preparing and submitting the qdro. If it was your responsibility to complete then I would recommend contacting your prior attorney, or a new one, in order to have it completed with your employer. If it was the responsibility of your ex then you should contact her in writing to advise it was not completed and that she needs to take all steps in order to finalize the same immediately or you will have to seek sanctions for failing to complete her obligation.