Ex spouse receiving QDRO remarries

[JG]

My husband divorce in NYS in 2000. We married in 2005. Ex wife filed QDRO 3 months prior to our marriage in 2005. My husband retired 2012. She began receiving her portion of the QDRO benefit when my husband retired in 2012. She is on SSD also. We found out she remarried on 3/24/18. Is she still able to receive QDRO, SSD and be remarried? We are struggling????

[QDROphile]

It all depends on the terms of the order, but it is extremely unlikely that anything about her financial situation or events that occur after start of pension benefit payments (other than her death or perhaps the death of your husband) would affect her benefit or the payments she is receiving.  The QDRO is a property division.  She got her interest in the pension at the time of divorce.  Any post-divorce developments, such as her remarriage or you husband's remarriage or post-divorce financial fortunes, should not change what she got as a property settlement in the divorce.

[Larry Starr]

Fully agree with QDROphile.  I have never seen or writen a QDRO where the division of property is ever contingent on future marital status of the alternate payee.  Sorry; best of luck.

[RatherBeGolfing]

I agree with booth Larry and QDROphile.  

I'll add that I'm not even sure if a QDRO could be contingent on future marital status of the AP.  I certainly would never let a client agree to such a stipulation, and I doubt a judge would issue such an order.