Question re: failed QDRO

[Guest Wren]

Thank you all for the information and advice that you have shared in these boards. I have learned so much but still have several questions in regards to a situation that has arisen so many years after my divorce. I live in the Pacific NW.

My divorce was final in 1990. A QDRO was entered pursuant to my decree, and all of the orders in the decree regarding property division, 401k payment, child support, etc. were fulfilled, except for the provision regarding my pension benefits. My ex-wife was named as the AP in the QDRO, designated as surviving spouse with rights to my pension account, entitled to a payment of $400. plus per month.

In 1991, the QDRO was presented to my pension plan administrator, and failed. My ex-wife, her attorney, and I received a letter from the plan administrator that explained the reason why the order was not acceptable, with specific instructions on how the QDRO must be reworded in order to be accepted by the plan. No further action was made my my ex-wife or her attorney. In 1998, I again received court papers that notified me of another attempt to secure my ex-wife's right to her portion of my pension plan. A new order was entered, and the QDRO was presented for the second time to my pension plan administrator. Again, we all received a letter from the plan administrator as to why the QDRO failed. Turns out that the my ex-wife's attorney simply re-sent the original QDRO to the plan administrator without heeding or amending a single word of the instructions that the plan administrator gave her the first time the QDRO was rejected. Compliant me, worried that it was somehow my responsibility, worried about an expensive court battle, or possible judgments, I contacted the plan administrator, asking why this matter had not yet been resolved in seven plus years, and I sent my ex-wife and her attorney a detailed written explanation of how they should proceed in order to obtain her survivor's rights to my pension plan. Again, no word, no other action taken. Flash forward, 12 years later. Upon the heels of my ex-wife's divorce from her third husband; a short-term marriage, where she received nothing in terms of alimony or property division, I recently received a draft of legal paperwork from my ex-wife's attorney in yet another attempt to secure her rights to my pension. The difference, at this point, is that I have been remarried for 12 years, and I retired two years ago, fully vested in my pension plan, with my wife designated as my surviving spouse. Along with the "not yet filed legal documents and motions," was a demand letter informing me that we needed to get this QDRO business done, and that I "owed" my ex-wife an immediate payment of $10,000 plus for the retirement pension that I had deprived her of since my retirement. Given the information that I have found on this message board, I am now adverse to comply with their demands. I am also looking for advice on finding the best legal representation for this complex issue. Thank you so much.

[Andy the Actuary]

Suggest you send your description to your local bar association and request referrals of council who may be able to assist you.

[eeyore]

You need an attorney for this. I would not be surprised if you do owe this to her. Under the divorce agreement, your ex was suppose to get $400 from each of your retirement checks. That isn't happening; you are presumabley getting the full benefit, including that $400/month. Most divorces and DROs that I have seen make the participant liable to pay the ex if the plan does not pay her.

I am an actuary, not an attorney, but I think you should be prepared for bad news. And yes, I understand that it is frustrating since your ex and her attorney have dithered arounbd for years.