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Examples of plan shooting themselves in the foot with ammunition from the DOL.

Many of you that simply state a plan can't put a hold on these accounts prior to a DRO being presented to the plan. However, in practice, many plan administrators do place holds on accounts prior to the receipt of a DRO. I did a quick internet search and pulled these examples (I have no idea if they are current procedures but they illustrate that at least at some time, these administrators put holds on accounts prior to a DRO being presented. This is from VOYA (https://www.voya.com/sites/www/files/2020-11/Sample%20QDRO%20Procedure%20and%20Checklist2.pdf) This one is from Empower (QDRO Processing) This one is from TIAA-CREF (QDRO_approval_guidelines.pdf) v I simply ran a Bing search for "qdro procedures freeze" and these three were the first three plan administrator QDRO procedures that came up in the first page of results. Each refer to a possible freeze/hold/restriction prior to receipt of a QDRO. I know that just because some one is doing something doesn't make it legally correct, but Voya, Empower and TIAA are not mom and pop shops. We advise clients not to put holds but if they still desire to do so, we advise them to clearly spell out in their QDRO procedures the exact circumstances under which holds are placed and removed , and the procedures are sent to the parties (including attorneys if they have that information) whenever a hold is placed on an account (whether upon or prior to the receipt of a DRO or draft DRO).

Return and re-issue proper checks is probably the best way to fix.

Another factor to support fmsinc's position - once a divorce is filed, there would likely be a Family Law Order prohibiting the parties from dissipating assets without the other spouse's consent or court approval. It's not the plan's responsibility, and arguably right, to delay a distribution to inquire whether the funds are being withdrawn for a nefarious purpose in violation of a possible court order. The plan doesn't want to know all the details and only follows the rules applicable when a DRO is actually received.