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QDRO not specified in divorce decree


Guest bsamsel

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Guest bsamsel

Hi. I had a qdro approved by my company and then went to have the judge sign it (after divorce decree was finalized in Georgia), the staff attorney then called me to say that they couldn't sign it because the language of the decree didn't mention anything about it.

Specifically my divorce decree had stated that respondent and petitioner shall receive all personal property in his/her possession. My question is is it still possible to get a qdro issued? Divorce was totally uncontested and I am voluntarily trying to get a qdro issued for her for a fixed amount of my retirement plan. Basically we agreed to an amount but didn't specify any details in the settlement.

Anyways thank u for any advice u could offer.

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It should be doable, but may have to be done under another case. Technically, a QDRO is payable to a Spouse, Former Spouse, or Dependent. While she's no longer your spouse, she is your former spouse. The ball was clearly dropped, but that "may not" be the end all. But, without a Domestic Relations Order meeting all the necessary requirements for being Qualified, the plan will not distribute.

Good Luck!

CPC, QPA, QKA, TGPC, ERPA

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divorce decree ... stated that respondent and petitioner shall receive

all personal property in his/her possession.

I think you have to go back to court and revise the divorce decree to give some of your pension to your former spouse.

Generally, the divorce decree is a domestic relations order, but in most cases, it does not have all the details to be a Qualified DRO for plan distribution purposes. That's why there's a separate document. But the separate document follows the divorce decree in specifying who gets what. So, if the divorce decree, signed by the court, does not give a former spouse part of the other person's pension plan, then the separate document cannot split the pension assets. This is because a plan participant is barred from assigning her/his pension assets to another person, except under very limited circumstances, like under the terms of a QDRO in connection with a court authorized/approved split up.

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Hi. I had a qdro approved by my company and then went to have the

judge sign it (after divorce decree was finalized in Georgia), the

staff attorney then called me to say that they couldn't sign it

because the language of the decree didn't mention anything about it.

Specifically my divorce decree had stated that respondent and petitioner shall receive

all personal property in his/her possession.

My question is is it still possible to get a qdro issued? Divorce was

totally uncontested and I am voluntarily trying to get a qdro issued

for her for a fixed amount of my retirement plan. Basically we agreed

to an amount but didn't specify any details in the settlement.

Anyways thank u for any advice u could offer.

You need to ask the court what documentation is necessary to approve the QDRO such as a revised divorce decree or property settlement agreement of the parties agreeing to the division of the pension benefits or even a letter signed by both parties consenting to the divison of the property under the divorce decree. You also need a lawyer.

mjb

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  • david rigby changed the title to QDRO not specified in divorce decree

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