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QDRO to 'Attach' Disability Pension for Spousal Support, Not as Community Property
BenefitsLink Message BoardsLink to more items from this source
Nov. 22, 2021

"I was granted disability retirement in 2000 by Marin County, California. Then married in 2008. And divorced in 2019. The court ordered spousal support be attached by QDRO, which I opposed and basically had no choice and they pushed it through. The order was never signed by me, went to administrative person, and they approved it without a dollar amount or percentage to be paid or the number of payments or time period to which the order applies which are required.

The ERISA specifically spells that out. Did the plan administrator unlawfully qualify this DRO? If so what can I do?

They never even sent a joinder in person to my court appearance. Just submitted a letter at the last hour on the last day. I feel like the plan administrator dropped the ball on this and qualified a DRO that did not meet the requirements set forth by ERISA. This has basically made me homeless and is pretty disgusting."

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