Death before QDRO complete

[Daggered]

I'm wondering what happens if ex spouse dies before QDRO completed? There are 2 accounts, 1 is a defined benefits pension, other is 401k. The divorce was finalized 1 year ago, QDRO started as soon as decree signed by judge. Ex spouse is of retirement age now, but not collecting pension yet. My attorney outsourced the QDRO & that company says they don't deal with clients, only with attorneys. Located in New York

[QDROphile]

Delay opens the door to unexpected and unintended negative (mostly for the alternate payee) consequences.  The answer to your specific question: It depends. Worst case: Former spouse gets nothing.

[fmsinc]

I didn't say if the ex-spouse is the Participant or the Alternate Payee.  I will assume the ex-spouse is the Participant. 

If it these are ERISA qualified plans, you can submit a post mortem QDRO and it will be entered per the Pension Protection Act of 2006, sent to the Plan Administrator, and be enforceable with respect to the 401(k) and the survivor annuity, if any, provided in the defined benefit plan.  

David 

[Daggered]

Ex spouse is participant, I am alternate payee. The QDRO process has been started & approved by pension department. Now being submitted for judge to sign.