Spouse waived J&S, payments commenced LO, now divorcing, can she get QDRO in annuity form?

[Former Pension Professiona]

Retirement payments commenced two years ago in life only form (actually a little more complicated - amount reduces at his age 65, but in any event stops on his death). This was done to increase their income. She signed waiver of J&S.

Now they may be divorcing - can she get a QDRO? (I think the answer is yes.) Or did the waiver eliminate that option? And is it restricted to payments during his lifetime? Or can it be done for her lifetime? (She is healthier and he is 61, she 54) 

I realize that as always the plan document may be more restrictive than the law allows but we don’t have access to the document at this time. Thank you!

[QDROphile]

Most likely the only option is to provide for the split of the stream of annuity payments.  There are several issues involved in doing that, depending on what the plan will tolerate, but there is a conventional way to do it.  Since the annuity payment schedule is set, and ends at his death, the division is constrained by his life (and not his life expectancy.

[david rigby]

... and, no, the J&S waiver did not eliminate a right to seek a QDRO.

[Former Pension Professiona]

Ok thank you. This is about what I thought.