Ford General Retirement Plan QDRO was never entered after 20 years of divorce

I worked for Ford for 14 years and have a small pension approx $800.  I have been divorced for 20 years.  And remarried 7 years ago.  The divorce decree specifies the QDRO in it for Ford 401K which was paid out to my ex at the time of divorce, and in the decree it also specifies that the pension benefits should be split 50% with my ex-wife.  She never filed for formal QDRO paperwork for pension as far as I know.  I am eligible to commence my retirement in Nov of 2025.  So I submitted my request.  The plan admin told me that usually it takes 3 days to send paperwork to be signed in, but due to the divorce and to investigate if any QDRO exists, it will take 5 weeks.  

Does Ford GRP go ahead automatically and enforces QDRO for pension per the divorce decree, or do they have to have a QDRO paper filed?  Does anyone know?

Can she go ahead and file for a QDRO now after 20 years?

If the plan admin has a QDRO on file, shouldn't I, been noticed about it?

Taking a step back.  Generally speaking, the attorneys for both parties use the divorce decree to prepare a Domestic Relations Order (DRO).  That Order is presented to the Plan Administrator (PA) for review (is it understandable, does it violate any plan provisions).  The PA is not looking to see if the DRO satisfies the divorce decree, they are just looking to see if it complies with the plan's provisions and it understandable.  It is up to the attorneys, participant, alternate payee to ensure the DRO satisfies the provisions of the decree.  If the DRO satisfies all of the PA's requirements, they tell both parties that the DRO is "Qualified" making it a QDRO.  QDRO is then sent to the court for approval.  (I am just speaking in generalities, sometimes the court approval is requested before the PA's review, but that doesn't change the fact that the PA is the one who makes it a "Qualified" DRO.)

Does Ford GRP go ahead automatically and enforces QDRO for pension per the divorce decree, or do they have to have a QDRO paper filed?  Ford is only obligated to enforce a QDRO.  If no QDRO, then no action.  If Ford knows that a DRO is forthcoming, or maybe forthcoming, they can hold a portion of your benefit until they either have a DRO to review, or a limited amount of time has passed.  They should have "QDRO Procedures" that specify their rules, but generally, they notify both the participant and the AP that they have received a request for payment, they understand a DRO might be forthcoming, they will escrow an estimate of the APs benefits for some period of time (usually 180 days).  If no DRO is received within that time period, they will release the escrowed payments to the participant.  

Can she go ahead and file for a QDRO now after 20 years?  yes

If the plan admin has a QDRO on file, shouldn't I, been noticed about it?  Yes.  You can always request to see a copy of it.  If one exists, you, or your attorney, signed it.

Thank you Effen for your concise and timely response.  I am going to call the PA again today to see if a QDRO exists or no.  But, I was reading on the subject in this same site that if considerable amount of time has lapsed and no QDRO has been filed, then per statute of limitation, the opportunity to file is lost?

When you say:  "... They should have "QDRO Procedures" that specify their rules, but generally, they notify both the participant and the AP that they have received a request for payment," ==>  Do you mean that:  as soon as I apply for benefit, they will notify the AP that a request for benefit has been made?  And that they have 180 days to file a QDRO?

Yes, that is typically how it works, but Ford's QDRO Procedures will specify their procedures.  You should also request a copy of that.  

On your first item, likely you will get some very long responses after mine explaining things in more detail, but I have seen DROs filed and approved many years after the divorce.  I am not aware of any statute of limitations on QDROs.  If no DRP is file and you eventually start receiving your monthly benefits, the AP can still file, but their payment options will be limited based upon the optional form you selected for yourself.

I refrained from commenting on Effen’s original answer to the question about time lapse in submitting a domestic relations order to the plan  because that answer is quite sufficient for practical purposes, and another more sophisticated and complete answer will be fraught with difficulties and complications involving matters of state law as well as what are called “equitable” concerns and principles. That won’t help you much. Furthermore, there are few regular responders in this forum who would venture to advise you about any specific action for you to initiate.Your situation is very dependent on facts and circumstances and lacking in adequate information upon which to act. The information you have been advised to pursue is relevant, but will be insufficient by itself to help you decide what to do. 

Note also that some courts have found that property settlement orders and divorce decrees themselves satisfy the requirements of a QDRO--so the company may be evaluating whether what they have in hand qualifies as a QDRO even though it isn't styled as a standalone DRO.  

There is no one size fits all answer. 

You seem to have a defined benefit plan, a pension.  You seem to suggest that your ex- received her share of the 401(k) plan but that is not clear. 

It is possible that the Plan Administrator can treat the Divorce Decree as a  QDRO is it contains all of the information it needs to qualify as a QDRO including:

  (i) the name and the last known mailing address (if any) of the participant and the name and mailing address of each alternate payee covered by the order,
  (ii) the amount or percentage of the participant’s benefits to be paid by the plan to each such alternate payee, or the manner in which such amount or percentage is to be determined,
  (iii) the number of payments or period to which such order applies, and
  (iv) each plan to which such order applies.

The only way I can give you an intelligent response is if I see the Divorce Decree and the Settlement Agreement if there was one.  

Email the documents to me at marylandmediator@gmail.com or fax it to 301-947-0501 and I will try to answer your questions.  No charge. 

By the way:

(i) if you remarried and then retired you ex-wife will have lost any survivor benefits that were awarded to her. This is true even if they Plan is holding up your payments following your retirement. 

(ii) the state you live in might deny the court to right to enter a QDRO after 20 years. 

David