Plan has 18 months from the time they get notice of a QDRO to determine if any court order submitted rises to the level of a QDRO (or not). They "impound" a portion of the partipant's monthly benefit during this 18 month process pending receipt of an acceptable QDRO. If none is received then they must release the withheld funds to the participant. Or, if the QDRO is received but fails to instruct the plan to pay the impounded funds to the alternate payee, they will pay all withheld amounts to the participant and the QDRO division for alternate payee applies prospectively only. It is possible to tally up what you are still owed from your ex in past payments and roll that into the future division. If he has other funds to use to pay you then that is easiest, but if not you can increase your percentage of the future monthly pension (requires an actuarial valuation) by amended the existing QDRO. We do this all the time for attorneys in CA.