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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Husband was granted divorce in 2008. now ex wife is persuing 20% of his pension which was

Customer Question

husband was granted divorce in 2008. now ex wife is persuing 20% of his pension which was granted in the divorce in 2008 but a Qdro was never obtained. Now that she is getting a qdro, does he have to pay retro active?
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
A QDRO is only valid from the date it is signed off on by the judge and served on the administrator of the pension plan.
The fact that the other spouse "slept on her rights" to the pension and failed to have the QDRO prepared or to serve it on the plan administrator in a timely manner means that she is simply out of luck. She will get a portion of the pension from the time she served the administrator with the QDRO, but that is all.
The court order allowed her to apply for the 20% but did not order that it was the personal obligation of the husband to pay it directly to her. There simply is nowhere to get retroactive payments from.
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I wish you and yours the best in 2015,