What if my spouse won’t sign the QDRO?

It is easiest to file a QDRO if both parties in the divorce have signed the QDRO approving it. However, there are times when one of the parties (in most cases it’s the participant) refuses to sign the QDRO or cannot be located.

If the judge has already ordered the retirement division in the divorce judgment, some judges will sign the QDRO with only 1 party’s signature without having to return to court.

In most cases, the judge will want you to show several attempts to try to get the participant to sign the QDRO before the judge will sign the QDRO. You will likely have to submit the QDRO to the court based on your local plan rules and the court may require a hearing. You may need extra legal help in getting the QDRO filed. Your local court-based self-help center may be able to help you get the QDRO filed without both parties signing the QDRO.

The QDRO will be implemented by a retirement plan so long as it is signed by a judge and filed with the court. The retirement does not need the parties’ signatures to be implemented, only the judge’s signature.

If you are delayed in getting your QDRO filed, it’s always a good idea to let the plan know the reason for the delay and send a copy of your filed divorce judgment to attempt to place a hold on the retirement account until the QDRO is filed. Most retirement plans will place a temporary hold when provided with this notice.

Request a Free Consultation

Schedule you FREE phone consultation

Phone Support


Mon-Fri: 9am - 5pm PST

Disclaimer: Communications between you and QDROCounsel are protected by our Privacy Policy but not by the attorney-client privilege or as work product. We are a legal services support company and legal document drafting platform and not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies specific to your case. Communication of information by, in, to or through this Website and your receipt or use of it (1) is not intended to convey or constitute legal advice, and (2) is not a substitute for obtaining legal advice from a qualified attorney. We provide information of a general nature to assist you with our services. QDROCounsel provides access to a referral network of independent attorneys, valuation experts, non-profits, and self-help services who assist with pension division. You must enter into a separate agreement with them for services. Your access to our Website and Applications is subject to our Terms of Use.

Copyright © 2024 QDROCounsel.com All rights reserved.