QDRO - retiree is re-employed

[RGALVIN64]

I was awarded a QDRO during my divorce and the same time my ex was retiring. 5 years later he is returning to his former employer and they won’t let him collect retirement and be a full time employee. So do I lose my COURT ORDERED QDRO? 

[ETA Consulting LLC]

No.  You wouldn't lose anything, but should obtain the plan's QDRO procedures and a statement of entitlement.  

Good Luck!

[QDROphile]

It depends on what you were awarded.  If you were awarded a portion of each retirement payment and the retirement payments are suspended because of rehire, your portion might be suspended as well.  X% of zero is zero.  However, you should not “lose” your interest.  When payments are resumed (and presumably in a greater monthly amount) your portion will resume.  This would be an unusual situation.  The plan might approach it differently.  If you were awarded an annuity interest and started payments already (e.g. five years ago at former spouse’s retirement), your payments would probably be unaffected.

I do not know what a statement of entitlement is.