Amending a qudro

[Liza]

my divorce decree states we agreed that I would receive 50% of 15yrs of my ex-spouses retirement.   He just retired and I was told that when he passes I will no longer receive the retirement.  If my divorce decree says differently than what was worded in the qudro is there a chance of amending it. Because why would I agree to only having the retirement while he was alive. It is well documented in the court hearing that he was a severe alcoholic and it would catch up to him. I was looking for lifetime. It seems useless to have it until he passes which at the rate he drinks won't take long.

[david rigby]

Maybe, but it's an uphill fight.  To see several prior discussions on amending a QDRO, go to the Seach box above, type the word "amend", click the dropdown arrow to "This Forum", and hit your enter button.

[QDROphile]

What you were told about the benefit -- you get nothing after he dies, is not necessarily inconsistent with the divorce decree. The form of benefit appears to be a life annuity, which is common for pension plans. When he dies, nothing further is payable from the plan, so 50% of that provides you with nothing also. Something may have gone awry with the selection of the form of benefit that puts you in a position where you may not get what you expected. But there may not have been a form of benefit that would get you literally what the decree says. The benefit options and how to apply the words of the decree are complex.  

[Luke Bailey]

It's worth a try. Talk to a lawyer in your area that is expert in marital dissolution law. Perhaps the lawyer you used for your divorce. The plan shouldn't care, because if you switch to a joint and survivor annuity there will probably be an actuarial reduction (based on standard life expectancy) that will make the new benefit actuarially equivalent to current.