Jump to content

QDRO - Can these be amended?


Guest Christie Banks

Recommended Posts

Guest Christie Banks

A friend has a QDRO for her ex-husband's DB plan that says she can start taking distributions when the ex starts taking distributions. (I'm not sure who drafted that). The ex doesn't want to take any distributions just to spite her, even though he's retired. The ex is 65 and she is only 60. Is there a way to amend a QDRO so that she can start taking distributions before her ex starts taking them?

Link to comment
Share on other sites

QDROs can be amended, rescinded, and superseded.

First, it will be a matter of state law, and sometimes state courts are reluctant to reopen a settlement or property division.

The amended or new order might not work if it is incompatible with what has happened under the plan since the original QDRO. For example, if the benefit has gone into pay status since the QDRO was entered, the new order may not be able to make the same kind of changes that would be OK if the distributions had not yet started.

A QDRO may provide that an alternate payee can start benefits at the"earliest retirement age" whether or not the participant starts. The "earliest retirement age" depends on plan terms, but almost certainly is on or before the participant's age 65.

Perhaps the person who improvidently drafted the first order might be inclined to fix the oversight if the opportunity were properly presented.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...