Chani Atreides

Under Federal law, and according to the DOL “manual”, there is no requirement that the parties sign the order. See answer to Q1-2 on page 5 in the DOL guidance linked below: https://www.dol.gov/sites/default/files/ebsa/about-ebsa/our-activities/resource-center/publications/qdros.pdf Sometimes if a judge or magistrate is made aware of the above, they will issue the order without the Participant’s signature.

The series of events is as follows: 1) the parties divorce, 2) a QDRO is filed with the court, 3) the parties re-marry each other, 4) participant dies, 5) widowed alternate payee submits QDRO to the Fund for the first time after his death. My only question is: does the existence of a valid QDRO nullify the J&S benefit to the AP? Does she get both? Thank you