QDRO Not Filed Ex Retired and didn't tell anyone

[JDeans]

Final Divorce Decree included QDRO, it was ordered that it be sent to VRS for implementation when either I or my ex retires. My ex retired August 31, 2019. Didn't tell anyone and didn't file the QDRO with VRS. I found out he retired several months later, I sent the Divorce Decree with QDRO to VRS. It was approved and implemented and I started receiving the regular amount calculated in February 2020. Question is, from the time he retired and started receiving payments to the time I finally started receiving payments, do I have to go to court to receive the payments that weren't sent to me due to him failing to submit the QDRO when he retired? Any other information would be appreciated. Thank you.

[MoJo]

The plan is only responsible from the point it receives the QDRO.  Anything paid to your ex prior to that is now receivable from your ex.  So, basically, you'd have to get the court to enforce the divorce decree and have him cough up what should have been your share.

Just an FYI - the QDRO could have been delivered to the plan at the time it was issued (you don't have to wait until retirement to send it to them).  That then secures the benefit no matter when is starts.

[Larry Starr]

6 hours ago, JDeans said:

Final Divorce Decree included QDRO, it was ordered that it be sent to VRS for implementation when either I or my ex retires. My ex retired August 31, 2019. Didn't tell anyone and didn't file the QDRO with VRS. I found out he retired several months later, I sent the Divorce Decree with QDRO to VRS. It was approved and implemented and I started receiving the regular amount calculated in February 2020. Question is, from the time he retired and started receiving payments to the time I finally started receiving payments, do I have to go to court to receive the payments that weren't sent to me due to him failing to submit the QDRO when he retired? Any other information would be appreciated. Thank you.

To add to MoJo, you were both badly represented by your counsel.  The judge's order is NOT a QDRO unless and until it is submitted to the plan and the plan certifies it as a QDRO and accepts it.  It was a major fault to provide that it was not to be sent to the plan UNTIL one of you retired.  Someone may have a malpractice claim against the lawyers involved, but it won't be pleasant.