Effen Posted February 18 Posted February 18 There is a lot there... " in the Divorce Decree it says in the waiver section, briefly, about 401k's and pensions, that we waive future rights." , "no QDRO was ever created or filed. Nothing about one is written in the divorce decree" "Till he found out this week that I had to sign away my rights", "The union administrator has told him there is a conflict and has viewed our divorce decree and told him it is not enough." My opinion, based on what you said, the union administrator is creating an issue where none exists. I can see them asking for a copy of the divorce decree, but, if as you said, you both waived future rights to each others pensions, that should be the end of it. I don't see any reason why you would need to sign a waiver of anything, because you have no rights to anything. (FWIW, even if you did, the amount would likely be very small since you were only married for a relatively short time.) The administrator is only obligated to review/apply a QDRO when it is presented to them. They are not required to seek it out or enforce the divorce decree. However, if they know a QDRO is forthcoming, they can delay processing for a limited period of time (usually 180 days). Some take that more seriously and ask to see the decree as confirmation that no QDRO is forthcoming. Personally, I think that is overkill, but some lawyers feel differently. Tell your ex-husband to ask the plan for their "QDRO procedures". They will describe how the fund reviews and applies QDROs. I suspect that the administrator is just being excessive at CYA and that in the end, you won't need to sign anything. However, probably good idea to have your attorney review your divorce decree to make sure you really don't have any rights. The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.
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