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My ex-wife passed away before a QDRO was done. The requirement for the QDRO is in the Family court order for my pension only. I'm going to request the court/judge remove the need for the QDRO since my ex-wife has passed and we can't move forward to begin a QDRO as originally intended. By the way, I spoke to the originally assigned QDRO attorney and he told me that given the complexity of getting a QDRO now, I would essentially lose the entire retirement benefit to legal fees! Huh!? Court date is tomorrow - just found this website today! Trying to have the court/judge provide a MUCH cheaper solution to getting my pension released without going through Probate and whatever legal gears this QDRO attorney said would eat the entirety of the pension fund! Please advise and thank you in advance. Best regards, Michael D. in California -
An employee is requesting information on the COBRA implications of her entry into a partial dissolution of marriage (or "bifurcated divorce") under California Family Code s. 2337, pursuant to which I believe a ruling on dissolving the formal marital status is made ahead of resolving other (eg financial) issues: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=02001-03000&file=2330-2348 Anyone have any experience as to whether a bifurcated divorce ruling would constitute a "divorce" or "legal separation" (both COBRA qualifying events under our plan)? Bonus points for Calfornia practitioners but any state would be helpful. Note this is a separate question from whether the employee will remain financially responsible for providing health coverage pending total dissolution - the CA Family Code suggests that this could be addressed in the ruling, so the only question in my mind is whether the coverage (if any) should be provided as regular spousal coverage or through COBRA. Thanks for any guidance!