retrospective QDRO

[Guest wolf]

My ex-husband did not declare his 401k plan at the time of our Uk divorce and my attorney did not bother to pursue it. I have now had to take out a negligence suit against my attorney and I am trying to clean up the mess myself. Can you make a retrospective application for a QDRO in PA? Four days after the divorce he had already named another beneficiary. Any advice appreciated. No US asset/insurance other than a variable annuity were declared. He also did not provide official proof of income and was claiming marital status on his IRS form-and it wasn't on his marriage to me.He's a UK citizen with Us residency status.

[Guest b2kates]

This is more a marital law question. However, with the usual caveats about legal advise. Yes in Pennsylvania you can petition the court for a retroactive QDRO. Normally on the grounds of fraud (i.e. failure to disclose)

Best of luck.

[Kirk Maldonado]

My guess is that you will prevail, unless your ex-husband has already taken the money out of the plan.

[mbozek]

There are a number of questions for which counsel must be sought -- first whether there is jurisdiction in a US court or whether the claim for pension benefits must be filed with the UK court because it retains jurisdicton over the divorce. Second there may be some treaty or international law issues of the enforceability of the UK divorce or the validity of the divorce if procured by fraud.

There may also be issues of whether you waived your rights to the pension benefits under UK law under the divorce and your only recourse may be against the lawyer. If you apply for a QDRO in PA there may be question of whether the court can obtain jurisdiction over your ex-husband if he returns to the UK. Finally there is a tax treaty between the US and UK which will govern the taxation of UK nationals in the US.