Time limit on initiating QDRO

[Guest johnnyz1968]

I divorced in 2011 after 24 years of marriage. The divorce order indicates my ex-spouse is entitled to half my pension when she initiates a QDRO. I began receiving benefits at the end of 2011 but as of yet, she has not entered or initiated the QDRO. Does she have a time frame to enter or initiate the QDRO before she loses the entitlement? I am planning on remarrying soon and need to discuss this with my future spouse.

Thanks for any assistance.

[QDROphile]

There is no express time limit under federal law. State law may be another matter. However, as time goes by and developments occur, the ability to implement the division becomes more limited. By waiting until your benefits started, she lost the ability to have certain aspects of the benefit. By waiting until you remarry, she will lose other aspects of the benefit. By waiting until you die after remarriage, she will lose a lot -- maybe everything. What "half of your pension" means changes with developments. If she tries to recapture what "half of your pension" meant in 2011, some apparently uneven things may happen if she is sucessful. On the other hand, she may just be losing benefits as time passes without establishing her rights through a QDRO. If you want some certainty, you should take charge and get a QDRO implemented.

[Guest johnnyz1968]

Thanks for the insight. My actual question is whether or not after a certain time under Florida law is her ability to initiate a QDRO void. I know with certain benefits of divorce that you can only go back two years on child support and such. I am hoping since she has waited so long, that he has forfeited her ability to initiate the order.

Any thoughts?