Do I have to sign a proposed QDRO?

[David J]

What is my recourse if I disagree with the QDRO proposed by my ex-spouse?  Do I have to sign it?  Can I strike through the part that says "Consented to By" under the signature line?  If I don't sign, or if I strike through, can I be held in contempt?  What recourse do I have?

[QDROphile]

The proposed terms of the order will be presented to the domestic relations court.  You can consent to its adoption (sign) or you can object and the court will decide on the terms that it approves. Ultimately it is the court's order.

[QDROphile]

This is part of your divorce property division.  If you had a lawyer assisting you, seek advice about this piece.  Seek advice anyway.  Retirement benefits are often one of a households biggest assets and division of them can be confusing.

[ESOP Guy]

I agree if the size of the assets are large this is one of those times where spending some money on a lawyer who knows QDROs is worth it.  A little up front can save you a lot of headache and heartache in the future.

[ERISAAPPLE]

If you already have a marriage settlement agreement or similar agreement, that will generally control.  If you think the proposed QDRO is not consistent with that agreement, you can dispute it in court.  If the QDRO addresses matters over which that agreement is silent, you can also challenge that in court.