Active QJSA and divorce

 I had a question regarding an amicable divorce for medical reasons, in which my husband is already receiving his disability benefit as a 75% Joint spouse option. If I state on the divorce decree that his Annuity remains his now, to avoid the split, is a Qdro still needed for my benefit upon his death or the pop up upon my death. The lady at the plan says no, but will want the divorce decree which will state the pension remains my husbands. Why else do the need the decree now. I do not trust them.

Amicable or not, you need legal counsel to ensure your requests are met. 

In general:

• any optional form of payment is "locked in" at its commencement date, such that no one is entitled to change it later. 
• any J&S option will pay X to the retiree and some portion of X to his/her surviving spouse.  The identity of such spouse is "locked in" at commencement date.  Divorce and/or remarriage is irrelevant.
• Very likely, a QDRO is also irrelevant, primarily because most plans don't allow changing a J&S election after commencement, so a QDRO cannot force a plan to do something that is disallowed by the plan. 

However, some variations might exist (especially if the plan has a governmental sponsor), @Bill Presson's advice is essential.

Among other things, how your property settlement states "the pension remains my husbands [sic]" is important, so heed what Bill Presson wrote. But I can see why the plan representative told you "no" for the reasons david rigby wrote (and beware government plans). In addressing contingent annuities in pay status, some courts describe the contingent annuitant's interest as "vested" with the same meaning as "locked in".

Thanks so much for responses! So, we have to have a qdro to secure a QJSA? It is a plan under  erisa. We talked to an attorney who again, cannot confirm the necessity of a qdro., because all people asked are only familiar with a couples wanting to split upon divorce. We want a cheap easy divorce in order to afford my medical needs. Rather not get an expensive qdro for a simple divorce in which we have not many assets. We own nothing and plan on staying together forever. We just need to know I'm covered in the end.

Hello broomrider,

You should outline in the Judgment/Divorce Decree that the survivor benefit and you as beneficiary are irrevocable (which is the case in 99% of ERISA defined benefit plans) so that you have that clearly defined in a court order.  A QDRO is only needed to divide the payment while the participant is alive, so you do not need a QDRO to secure the irrevocable survivor benefit...but if you are worried than you can put a simple QDRO together that lists the plan name, your names and addresses and that your former husband is awarded 100% of the benefit while he is alive, and should he predecease you, you get the 75% J&S as irrevocably elected at retirement.  That should do it.