Mj1804

You’re overthinking it. The original annuity 401k is part of the settlement and was already prepared and signed by the judge. To be clear, the QDRO from the divorce was fully executed and signed by all parties. Why would they file another but change the name from annuity to pension? The pension is separate and was not a part of the original settlement.

Almost exactly correct -Justanotheradmin. The only inaccuracy is that the original settlement doesn’t mention anything about the pension at all. There was a DRO which became the QDRO for the annuity and that was it. flash forward to present day, she receives a waiver for signature for the release of my pension payments (to me) from my union and proceeds to file a new DRO to get a portion of the pension. I’m not certain the union needed to do that, btw.

Not at all, but it needn't be. Language is clear with regard to what she is entitled to in the final judgment. BUT it is not unheard of for spouses to try this sort of thing with a DRO... what makes my situation more unique is that this is the SECOND (DRO) filed and almost two decades later at that.

Hi and thanks for the reply. It is very likely the union messed up in requiring the waiver. the original settlement stipulates that she (ex wife) receive a portion of the annuity that is wholly separate from my pension. The new DRO filed was for a portion of the pension, which was not in the divorce settlement.

(NYS) My ex- wife received a portion of my annuity (via the first executed QDRO), medical benefits through me for life, and cash as part of our divorce settlement in the 90s. The QDRO was signed by all parties, the judge, and filed. Flash forward to now. we recently began to process of receiving my pension and annuity and my union demanded we send a waiver for signature to my ex wife. She refused to sign, lawyered up, and filed another DRO (already accepted by the plan administrators) with the judge who has also signed and delivered the papers on to me. I would like to fight this, as I’ve seen the chances of her winning aren’t great, and want to know what the logical and rational response to the judge should be. id planned to file a motion indicating, among other things, that the pension was NOT a part of the divorce settlement. no minor children involved... any help will be greatly appreciated!