Unresolved

[Nicipie8]

Do you have to do a QDRO if your ex-husband is deceased and the court ordered that you get half his retirement. Years ago I started the paperwork for the QDRO because  I was granted  half his retirement on the day we divorced. The only thing was my husband never finished them.  Now he is deceased and I am getting his social security.  The social security informed me of my entitlement to his companies pension.  I have the paperwork pleading for joinder and summons. Do I still have to do a QDRO????

[Bill Presson]

Contact the benefits people at his work. They can tell you the status and what is required.

[david rigby]

1 hour ago, Bill Presson said:

Contact the benefits people at his work. They can tell you the status and what is required.

Important: the plan will not pay you anything without a QDRO.  Therefore, to determine whether you are entitled to anything, you may need an attorney who is well-versed in QDROs.

[MoJo]

39 minutes ago, david rigby said:

Important: the plan will not pay you anything without a QDRO.  Therefore, to determine whether you are entitled to anything, you may need an attorney who is well-versed in QDROs.

With one caveat - if your ex named you as the beneficiary of his benefits, then you may be entitled as beneficiary, and not as alternate payee.  Money is money.  Check all avenues.  As Bill said - contact the benefits people at his former employer.

[CuseFan]

True, you could still be named beneficiary. However, some plans automatically invalid an ex-spouse as named beneficiary upon divorce. Also, many pension plans only pay a survivor pension to the spouse of a deceased participant, which would preclude payment even if you were named as beneficiary. Step 1 - inquire/make a claim for benefits from the plan and that may be all that is needed. If denied, step 2 is the QDRO and I would be fully prepared to continue/complete that process (which is allowed even after participant dies). Qualified retirement plans have specific rules and provisions they must follow, including recognition of beneficiaries, payment of death benefits and complying with QDROs - you just need to work with the Plan's Administrator and go through the process to get your benefits. Good luck.

[fmsinc]

If you are divorced, in almost all cases your right to his pension and retirement benefits ends with the divorce, but is promptly reinstated with a QDRO.  The exception is that if your ex-husband retired while you were still married and elected you to receive his survivor annuity (as would be required under Federal law - ERISA - unless you waived it), then the divorce would have no impact on your entitlement to that survivor annuity and it would be payable to you even without a QDRO.   

You didn't say what sort of plan you were dealing with, whether it's a defined contribution plan like a 401(k) Plan, or a defined benefit plan - that is, a pension.  If it is a defined contribution plan and someone else was named as the beneficiary, then you are likely out of luck.  If the 401(k) Plan did not have a named beneficiary, or it it was a defined benefit plan then you should be able to obtain a post mortem (after death) QDRO that the Plan Administrator will have to accept and enforce, and in that case you would receive your share of the 401(k) or a survivor annuity, as the case may be.  

If it was a pension plan (defined benefit), if your husband remarried and retired and named his new wife to receive the survivor annuity benefit, then you will be out of luck and a QDRO will not help.  

You can see that this is not a simple matter and you have not provided the information necessary to give you a better answer.  It was your attorney's responsibility to make sure that the QDRO was prepared at the time of the divorce and to forward a certified copy to the Plan Administrator immediately after the divorce.  You and he should never have left it to your ex-husband.   

DSG

[MoJo]

...or he simply named her as bene after the divorce...  Amazing how many times we've seen that.

 

Bottom line - get in touch with the plan sponsor and ask questions.  Then talk to your attorney.