I just found out my ex-husband (divroced in 1998) did not file a QDRO with his employment. I have moved since then and live in another state. Do I have to get a QDRO signed in state and county of divorce or can I get one where I currently live. Need help desperately with this situation.

Actually, that's more of a divorce law issue than a benefits law issue. Nevertheless, you will most likely have to get a QDRO signed in state and county of divorce.

Your attorney will have to advise you if this is a violation of prior divorce order, etc.

Dear critter,

Your post indicates that you think your ex-spouse somehow failed to do something that was required of him. You should be aware that it is the non-participant spouse (that would be you) that had the duty under federal law to present the DRO to the plan. At least, since I'm not a lawyer, that is the way that I've been led to believe it works. If you were represented by counsel this means, plain and simple, that your attorney may have let you down. This means that going back to your attorney for advice at this point may present that attorney with a bit of a problem. You should be aware of this issue as you embark on your journey. Good luck to you.

The QDRO is made legal according to the state's domestic relations law and relates to the provision of child support, alimony, or spousal support.


There is no requirement that both parties to a marital proceeding sign or otherwise endorse or approve an order. It is also not necessary that the retirement plan be brought into state court or made a party to a domestic relations proceeding for an order issued in that proceeding to be a domestic relations order or a qualified domestic relations order.