What happens if I don’t get a QDRO?

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.

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.