logroller

A lot of state courts call any order dividing retirement benefits a QDRO so I wouldn't get too hung up on the language used in the question. Regardless of what the order is called or should be called, it is a court order and is an enforceable order as written unless vacated or amended by a court with jurisdiction to do so. Not knowing your state or its procedural rules you may be able to vacate the existing order or ask the court to vacate the old order and replace it with one ordering the plan administrator to award nothing to the alternate payee. Note that not all courts can or will do either under their respective state law and procedural rules. You should talk to a family law attorney or employee benefits attorney in your area who really knows retirement benefit issues.