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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10484
Experience:  Experienced Family Law Attorney
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HiMy divorce was final 9/7/2007. A qdro was supposed to have

Customer Question

HiMy divorce was final 9/7/2007. A qdro was supposed to have been filed by either party. It is in the divorce decree and does not specify who has to file it. My ex is finally getting around to fiing one now (over 9 years later). What us the statute of limitations on qdro's
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Michigan
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's about it
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 1 year ago.

There is no statute restricting the time frame for filing a QDRO; the pension is divided during the divorce so that the decree states the parties' respective ownership interest. The QDRO is to be prepared and signed by the court, then submitted to the plan administrator. Some people never get around to doing it, which means that the plan administrator pays the pension out to the employed spouse, and the other party never receives their money.

please see:


Will a domestic relations order fail to be a QDRO solely because of the timing of issuance?

No, not if it otherwise meets the QDRO requirements under ERISA. A domestic relations order issued after the participant's death, divorce, or annuity starting date, or subsequent to an existing QDRO, will not fail to be treated as a QDRO solely because of the timing of issuance. For example, a subsequent domestic relations order between the same parties which revises an earlier QDRO does not fail to be a QDRO solely because it was issued after the first QDRO. Likewise, a subsequent domestic relations order between different parties which directs a portion of the participant's previously unallocated benefits to a second alternate payee, does not fail to be a QDRO soley because of the existence of a previous QDRO. Further, a domestic relations order requiring a portion of a participant's annuity benefit payments be paid to an alternate payee does not fail to be a QDRO solely because the domestic relations order was issued after the annuity starting date.

Reference: 29 C.F.R. 2530.206; see section 1001 of the Pension Protection Act of 2006, Pub. L. 109-280, 120 Stat. 780 (Aug. 17, 2006).

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 1 year ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.