QDROphile, I appreciate your response. Thank you.
Participant consulted lawyers but they seem to be unaware of a case where the alternate payee passes without filling a QDRO where a divorce agreement says a QDRO will be filed and never is for decade. Significantly, the Alternate Payee's failure to file may have been intentional because several creditors and another court proceeding would have possibly put a hold on any funds passed to the alternate payee and the attorney would still have had to have been paid. Given this, it is possible the alternate payee's attorney would have advised his client not to pursue a QDRO.
May I also ask, What type of attorney would handle this matter?