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Can QDRO Be Amended After Divorce Has Been Finalized?
BenefitsLink Message BoardsLink to more items from this source
Oct. 4, 2021

"My husband and his ex divorced in 2010. At that time, his ex was awarded the following:

- their house (just purchased the year prior for $430,000)

- their travel trailer

- a used vehicle

- 1/2 of his 401k and 1/2 of his PERS retirement accounts (1/2 of the total amount for the time they were married which equates to a large sum).

My husband was awarded the following:

- he had to sell the house to her for $1.00 (which she paid off in 2013 w/ her new husbands money)

- he had to sell the travel trailer to her for $1.00

- he kept their boat that he had to sell (worth under $15,000)

- a used vehicle

My husband did not have an attorney, she did, paid for by her then boyfriend, now husband. My husband, had he been allowed to keep all of his PERS retirement or most of it, could be retired at this point. When they got divorced, she quit working and hasn't had a full time or even part time job since. My question is this: Can his QDRO be amended, now several years after the divorce has been finalized, to be more fair and equitable? Not only did she get everything listed above, we also found out after having a retirement plan review w/ the administrator, that in the QDRO, her attorney got the court to approve she will be the "spouse" listed when he retires for the 50% joint spousal designation for when he passes away. This designation also means he cannot list myself, his wife, as his 50% joint when he retires.

I have my own retirement so while the latter is rather upsetting, I know at least I will have my own retirement to help take care of us when I can retire. However, my husband, quite literally, got screwed. I just want for him to be able to retire. He's worked very hard to reach this point and there should be no reason why he cannot. If anyone has any knowledge of an amendment being done for this reason, I am grateful for any advice you can give."

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