Mmason

We have a consultation with an attorney on Tuesday. I am not sure how well versed he is in QDROs though. He is local to our small town, and practices in criminal and family law. Through email he said it all seemed pretty simple after I sent him the Motion to Compel. As far as the details, the participant shall not have to name ap as surviving spouse is on the qdro that was accepted through the courts and through the plan administration. It’s a DB pension, issued from Ohio but he lives and works in Kentucky. It’s a union plan with the Ohio Operating Engineers. The judgement of divorce states that the former spouse is entitled to 50% of the martial interest accrued during the length of marriage. It doesn’t say anything else or go into any other details. As far as we know there are no other written agreements between the parties. According to my husband the former spouse didn’t want any part in the pension at time of divorce but her attorney wrote it in because the division was part of Kentucky law. The AP’s counsel is now wanting to revise the accepted qdro to say that participant must name ap as surviving spouse. If naming AP as surviving spouse only entitles her to her part of the marital property then none of this is an issue. It’s just we are translating that as meaning if he predeceases commencement that ap will receive the entirety of the survivors annuity. Is that an accurate translation? They were only married for 5 years so her marital interest is minimal. I truly appreciate the advice.

Thank you for replying to me. The wording is so confusing in these drafts. The first one states Treatment of AP as surviving spouse for purposes of determining death benefits under plan; The Participant shall not be required to name the AP as his surviving spouse before his annuity commencement date. The AP wants it changed to “shall be required”. If it’s worded in this way will she be the only surviving spouse and receive everything if he dies before retirement? Or is this just for her marital interest? Is there anyway to write it up so that it’s just her marital interest for death benefits? My husband wants to hire an attorney because his original one from the divorce won’t counsel him on a matter from 12 years ago and he doesn’t want me to be left with nothing if something happens to him. If there is nothing to be done and this is her right then it makes sense to me that he just sign it and we let it process. I am unsure if it matters but their original divorce agreement states that she is entitled to 50% of the marital interest it doesn’t go into any greater detail.

My husbands QDRO was submitted and accepted May 2019. Now his ex wife’s attorney is looking to revise based on clarifications sent in the pension offices approval letter. The pension office stated their interpretation and stated; “if this interpretation was not the parties intent then a subsequent order will need to be sent. The main issue being addressed is the survivor benefits, as written his ex spouse is not entitled to any death benefits. We would like to keep it that way. Now because my husband didn’t sign the new drafted agreement or respond the APs attorney is filing a motion to compel. Do we have to revise it? After being accepted by the plan do we have any legal rights to refusal?