How to cancel a QDRO?

Can anyone recommend firm to help cancel our QDRO. My edifies and I separated very amicably. At time of divorce, we had a QDRO submitted, giving her 1 % of my federal pension so she could maintain fed health benefits. She subsequently got a job w NYS , negating the need for the QDRO. For several reasons, we want to cancel/negate it. No one seems to know how, some even say it cant be done.  Any advice ? 

Hi Bill, if the intent was to keep your former spouse eligible for FEHB then the award should have been $1/mo in both your retiree annuity as well as a $1/mo FSSA (former spouse survivor annuity).  I prepare those orders all the time and honestly, it's worth keeping intact just in case.  

HI JM. My Xwife and I were at the time of discussing divorce, attending  a fed retirement seminar.They advised I provide for a 1% survivorship of my soon to be Xwife. Shortly thereafter, she was able to return to the NY State teaching position she’s left many years earlier. Upon returning, she was allowed to return in the tier level she originally was hired under. In so doing, she obtained Blue Cross/Blue Shield NYS at no cost then as an employee or now as a retiree. My health, also BC/BS Federal , costs hundreds a month. She will never take availability of my coverage, not only because of cost, but the State coverage is a better, more3 inclusive plan . Anyway, it’s a bit more complicated with other considerations. We both want to somehow remove her from my pension system and can only do so by cancelling or modifying the QDRO. Problem; I cant find an attorney knowledgeable as to how to achieve that. Can you give any guidance on who might be able to help ?  Thank you for your response earlier.  Bill

Hi Bill,  I checked with my colleague in NY and she said to please refer you over to her for assistance in vacating your prior COAP (Court Order Acceptable for Processing).  Her name is Erin Colgan and she is an attorney with Angiuli & Gentile, LLP.   (https://www.aglawnyc.com/attorney/colgan-erin-k/)

She deals with (Q)DROs in NY and will be able to get you going down the right path.   

Cheers,

JM

JM is correct that all you need to have in a FERS COAP is an agreement to pay $1/month from the employee's retirement annuity and $1/month from the survivor annuity and the former spouse can remain eligible for FEHB during his/her lifetime.  The cost is 20 cents a month starting when the employee retires and ending when the employee dies.  Whoever told you 1% was mistaken. 5 CFR § 838.133   Minimum awards. awards provides: 

"Payments under this part will not be less than one dollar per month. Any court order that awards a former spouse a portion of an employee annuity or a former spouse survivor annuity in an amount of less than one dollar per month will be treated as an award of an annuity equal to one dollar per month."

If you really want to pursue it, read Holly v. OPM at -https://www.mspb.gov/decisions/precedential/HOLLY_NANCY_DC_0843_13_0329_I_1_OPINION_AND_ORDER_1033309.pdf

David

On 3/26/2025 at 10:31 PM, JM said:

... it's worth keeping intact just in case.  

Not knowledgeable about the particulars of this case, but I cannot overemphasize the "just in case" concept. 

• Keeping the old DRO is likely less expensive than the cost of a new QDRO that cancels the old QDRO.
• The original post includes an assumption that the ex-wife will never lose her current job.
• In my 4+ decades as a pension actuary, I've seen many things I thought would never happen.   Actuaries often say, "if it can happen, it will eventually happen".

Hmm. That’s only a small step away from, “With actuaries, all things are possible.”

Hahaha, that made me chuckle. .    David Rigby, do you still provide actuarial consulting in domestic relations matters?  I've been providing actuarial valuations and expert witness testimony for all types of plans (public, private, non-qual, federal, etc) for 26 years in CA and now several other states.  I enjoy the work and helping people hopefully reach settlement.

2 hours ago, JM said:

David Rigby, do you still provide actuarial consulting in domestic relations matters?  I've been providing actuarial valuations and expert witness testimony for all types of plans (public, private, non-qual, federal, etc.) for 26 years in CA and now several other states.  I enjoy the work and helping people hopefully reach settlement.

No.  Retirement is great!

GOOD FOR YOU!! 🏌️‍♂️