QDRO help free

Survivors benefits were not awarded to ex-wife. Lawyers on both sides say survivors benefits belong to current wife. They only way for ex-wife to have survivors benefit is to modify QDRO to separate from shared. Participant is still alive and has not retired.

Modify QDRO 20 years later before retirement. Shared interest was used in previous QDRO. Participant married 18 years ago and current wife has survivors benefits. Ex spouse now wants separate interest so she can have survivors benefits on her portion of pension. Ex-wife was not awarded survivors benefits in divorce or property settlement. Is this legal to do under Erisa? Does the case Boggs versus Boggs come into play? This is a defined benefit pension plan.