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My husband is in the process of retiring. He was divorced…

Customer Question
Hello. My husband is...

Hello. My husband is in the process of retiring. He was divorced legally over 5 years ago without a QDRO. Now the company he is retiring from wants a QDRO signed by both parties. Former spouse refuses to sign.

Lawyer's Assistant: Is one of you about to retire and start drawing on the pension/retirement plan covered by the QDRO?

My husband is retiring, and we have drafted a QDRO. The divorce judgement states that she (his former spouse ) will get 50% of pension But she refuses to provide her SSN number and sign the document this is delaying him from receiving his pension

Lawyer's Assistant: Family law varies by state. What state are you in?

Michigan

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What to know how my husband can get this rectified since he does not have his former wife's consent at all

Submitted: 11 months ago.Category: Family Law
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Answered in 10 minutes by:
7/31/2017
Family Lawyer: JD 1992, Lawyer replied 11 months ago
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Family Lawyer: JD 1992, Lawyer replied 11 months ago

The QDRO has to be signed by a judge to be valid. You can get everything you need by filing a motion with the judge. He could also start by filing a Motion to Sign QADRO and send discovery to the ex-wife to obtain the information required. However, QDRO are extremely difficult to draft correctly, judgments have no patience for parties to draft it themselves and so it is better to have an attorney to file the motion and and do the discovery as well as draft the QDRO. In addition, having an attorney will make things happen faster.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Category: Family Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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