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Ex won't finish qdro


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We divorced almost 10 years ago in California. My ex was rewarded part of my deferred comp. She hasn't filed a qrdo yet and has been putting it off every time I mention it.  I haven't been able to do anything with my account since and it has cost me thousands I would have earned in the account. I'm not sure what my options are. What can I legally do?

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Why can't you do anything with your account?  It makes no sense that failure to submit a domestic relations order would have any effect.  A qualified plan does nothing without a domestic relations order unless it is ill-advised enough to impose restrictions based on an informal notice of an imaginary order, and then it has only a reasonable period that restrictions may be imposed pending receipt of a domestic relations order.

Since you mention only deferred compensation, are you talking about nonqualified deferred compensation?  in that case, QDRO rules do not apply, although the employer may establish something resembling QDRO rules for the division of deferred compenstion. Still, if the employer does not receive anything relating to the presentation of a "QDRO", the employer shoud not be taking any actions or compromising any of your rights relating to your deferred compensation.

Another approach is to proceed yourself with the preparation of the order, consistent with the terms of your divorce proceeding.  Let her object.  That will bring her on track for the preparation of the order.  In any case, start with contacting a lawyer who is competent in QDRO matters.  Your need starts with local domestic relations law, probably California, especially if the former spouse still resides in California.

 

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What is the exact name of your "deferred compensation" plan? 

There are more than 163,000 pension and retirement plans in the US that fall under the auspices of a Federal law known as the Employee Retirement Income Security Act ("ERISA").  Pursuant to that law a QDRO must be honored by the Plan Administrator.  Some deferred compensation plans fall under ERISA.  But there are other deferred compensation plans that do not fall under ERISA (non-qualified plans) and they cannot be enforced by a QDRO.  Note that the term QDRO only applies to plans that fall under ERISA, so your use of that term may be misleading.    

Your question will not make sense unless we know what sort of plan you are talking about.  If the Plan is under ERISA you will find it on the attached list. 

Note that you may have a deferred compensation plan that does not fall under ERISA and is still enforceable by laws other than ERISA.  For example, if you are a teacher or a policeman or other employee employee you may have a deferred compensation plan that is enforceable under state, county or municipal law.  There are thousands of those.     

Another important thing to know is the exact language used by the Judge in awarding her part of the plan benefits.  

DSG 

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11 hours ago, fmsinc said:

What is the exact name of your "deferred compensation" plan? 

Please DO NOT provide the exact name of your plan.  However, as fsminc stated, it would be important to confirm if it is a qualified, or a non-qualified, plan. 

It would be helpful if you could provide the name, but leave out the sponsor's name.

The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.

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