Dispute Between Employer and QDRO Provider

My divorce settlement was agreed to in April of 2023.  My attorney had the QDRO prepared and sent off to the QDRO Provider (VOYA).  It has been sitting with VOYA for about 10 months now because, come to find out, my employer and VOYA have not agreed to terms on setting up the administsration of the QDRO. (VOYA took over IRA's etc., last year).  In the meantime, because my ex-husband's attorney won't file the final divorce decree, I continue to pay spousal support.  I have talked to a representative from VOYA as well as my employer and they say a settlement beween them is close.  Close?  It's been 10 months.  Any ideas on what I can do? or do I just have to sit and wait, meanwhile continuing with the spousal support?  We tried to push my ex-husband to have his attorney file the final divorce decree before we get the QDRO finalized, but they won't go for it.

Somebody might remind both the employer and the provider that there is a fiduciary duty to process domestic relations disorders and determine whether or not they are qualified. The statute suggests an outside time limit (often misinterpreted), but the law requires that things be done within a reasonable time. The threat of fiduciary liability sometimes gets things moving.

1 hour ago, QDROphile said:

Somebody might remind both the employer and the provider that there is a fiduciary duty to process domestic relations disorders and determine whether or not they are qualified. The statute suggests an outside time limit (often misinterpreted), but the law requires that things be done within a reasonable time. The threat of fiduciary liability sometimes gets things moving.

And I would assume it resides with the employer until the "negotiation" is resolved with Voya.

See my comments in bold type.  

My divorce settlement was agreed to in April of 2023. What does that mean?  Did you prepare a Marital Settlement Agreement or read the terms of the settlement into the record in open court?   My attorney had the QDRO prepared and sent off to the QDRO Provider (VOYA). YOYA would be the Third Party Administrator on on behalf of the Plan Sponsor and the Plan Administrator.   Was this a defined benefit plan (a pension) or a defined contribution plan (like a 401(k)?  It has been sitting with VOYA for about 10 months now because, come to find out, my employer and VOYA have not agreed to terms on setting up the administration of the QDRO. (VOYA took over IRA's etc., last year). IRAs have nothing to do with QDROs.  Two different Federal laws apply.  I hope you are not talking about an IRA.    In the meantime, because my ex-husband's attorney won't file the final divorce decree, I continue to pay spousal support. In every jurisdiction where I have prepared QDROs the QDRO cannot be entered until the Judgment of Divorce has been entered or thereafter, so how is it that the QDRO in your case was prepared and sent to the TSA prior to the divorce?  In what state is your case pending?   What would happen if the QDRO was entered and the parties decided to reconcile and not get a divorce, or if one of the parties died and the cause of action abated and no Judgment of Divorce was never entered?   I have talked to a representative from VOYA as well as my employer and they say a settlement between them is close.  Close?  It's been 10 months.  Any ideas on what I can do? or do I just have to sit and wait, meanwhile continuing with the spousal support?  We tried to push my ex-husband to have his attorney file the final divorce decree before we get the QDRO finalized, but they won't go for it.  There are facts you are not correctly reporting.  At the very least the QDRO should have been sent to the Plan Administrator identified on the Form 5500 filed by the Plan Sponsor and let him deal with it.  If anybody suffers a financial loss it's the Plan Sponsor who is the fiduciary, not  Voya in it's role as the TPA.  The Plan Sponsor is responsible for the actions of Voya.  

I  often tell clients and others there are two rules to observe when working with an insurance company...

Rule 1:  Insurance commpany always wins. Rule 2: Refer to Rule 1.

Insurance companies are not in the business of letting go of assets. My exprience is that the people working at most such companies don't care about ERISA fiduciary duties, although they should.

I suggest your attorney draft a complaint alleging fiduciary breach by VOYA and your employer. Then send it to your employer and VOYA's manager with the message they need to fix this or you will file. Of course, that will cost you money which is not fair. It may cause your employer some heartburn, as well, but retaliatoiin is also a vciolation of ERISA. Sometrimes a written complaint is the only way to get the attention of plan fiduciaries and insurance companies.

The QDRO procedures requiremenet has been on the books since the mmid-1980s. This  is really fundaamental plan work.