If a QDRO is not done before a participant’s death or retirement and the parties are divorced, then the nonmember ex-spouse (alternate payee) may not receive any funds. This is why it is so important to not delay getting your QDRO!
The good news is that it’s not too late to get a QDRO. There is no statute of limitation on getting a QDRO in your divorce. But first to stop the participant from moving funds or from retiring, be sure to send the plan Joinder Pleadings or a Notice of Adverse Interest.
At QDROCounsel, we often get calls from an ex-spouse asking to create a QDRO after a participant has died. That ex-spouse wants to receive his or her share of funds from the retirement account. However, in many cases (especially if the participant has remarried) there is no way to help that person after the participant’s death. So do not delay moving forward with getting the QDRO completed so there is no loss of benefits. The QDRO process can take 6 to 9 months before implementation due to court delays and plan delays.