Non-employee spouse moves out of state before QDRO is finalized

[Guest Tax nerd]

CA court issues judgment awarding AP an interest in plan. AP moves to the east coast, assuming all is well. Of course, all is not well, and the participant really isn't in a position to help her out (he's dead). The attorney who handled her divorce retired, and the attorney who took over his office will not return her calls. There is a benefit payable, but she does not have an enforceable order.

Does anyone have any guidance on how to deal with far-flung potential APs, beyond, of course, too bad you moved so far away.

[Guest b2kates]

years ago, I was involved in a situation where the participant died prior to the QDRO being issued.

Under Pennsylvania rules the court issued the divorce and QDRO nunc pro tunc, i.e. as if issued prior to the death

[mbozek]

There are many reasons why the attorney will not respond including the fact that he did not take over her case from the retiring attorney or she refuses to pay an outstanding bill. The AP should contact the bar association in the county where the divorce was rendered to get a referral to counsel who will handle the QDRO.