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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2485
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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There is a QDRO on my pension plan that will kick in when I

Customer Question

There is a QDRO on my pension plan that will kick in when I retire which is still ~ 15 years in the future. My ex-wife just found out she has a terminal illness and wants to reverse the QDRO in order for the money to eventually be left to our children. Is it possible for her to reverse or void the QDRO?
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: not about this issue
JA: Is there anything else important you think the Family Lawyer should know?
Customer: I think that's it. if my ex dies before I retire, her portion basically goes back to the company pension fund. She would prefer that I get it so it can be passed on to the kids.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.
In what state is this?
Customer: replied 1 year ago.
The divorce happened in New Mexico. Both my ex-wife and myself now live in Pennsylvania and my company is headquartered in New Jersey. I'm guessing New Mexico is the state that matters for your question.
Expert:  S. Kincaid replied 1 year ago.
She cannot modify the divorce decree. She, or her estate, however, could execute the QDRO. Each QDRO is different, but usually, you can do the QDRO before retirement occurs. Getting the money out before retirement creates financial penalties, but it is still possible. If that is not possible with your QDRO, then she is out of luck and cannot modify the property orders at this time.Do you have any other questions?

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