Sunset

Thank you. The IRA is with Edward Jones. The person from Edward Jones is saying that they need a QDRO. Again, the owner of the IRA, the wife, is still living. The divorce occurred, then the husband passed away a few weeks later before the money was moved to the husband and before a QDRO was written. The divorce decree also stated the the ira would be divided by way of QDRO, so that needs to happen. Just wondering Would the amount be based on the amount in the account at the time of the writing of the separation agreement, or would gains after the divorce date apply? This was not specified in the separation agreement. I was just looking for possible guidance from any similar cases. This is in the state of Ohio.

Additionally,” plan administrator“ was probably not the right term to use but rather “financial advisor“ at the company that has the IRA.

Maybe I was not clear. It is the wife who owns the IRA and is still living. The husband passed away a few weeks after the divorce and was supposed to be given 50% of the IRA. Does that make sense? Or maybe I am not understanding your question.

Thanks. I am not an attorney, but rather a family member. The plan administrator says he has never had such a situation before. Likewise, the attorney has not had the a similar situation in the past. Searching online, I have not found this exact situation, so it does seem to be unique/ unusual. We have brought in an additional attorney who works specifically with QDROs. The separation agreement does state that a QDRO should be done to split the retirement.

I have a unique case where there was a separation agreement that stated the husband would receive 50% of the wife’s IRA by QDRO. No QDRO was written. The husband died a few weeks after the divorce. This is in Ohio. Can a QDRO still be written with the estate receiving the funds? It has been a year since the death. Would the amount be based on the amount in the account at the time of the writing of the separation agreement, or at the time of the writing of the QDRO? Thank you.