QDRO questions

[Maddevill]

Jurisdiction

California

I was married for a bit over 9 years , all in California. Got divorced ,there is a QDRO in
place with a date of 08/29/2000
Both of us went on to 2nd marriages that lasted much longer. I am retiring in July
Is my ex spouse still entitled to part of my retirement ? To me that sounds crazy.
I fully met all the conditions of the divorce decree including spousal support and child support.

Thank you
Steve

 

[cbg]

I don't know. I haven't read your QDRO.

 

[adjusterjack]

Is my ex spouse still entitled to part of my retirement?

California, as you know, is a community property state. If your ex was entitled to part of your retirement at the time of your divorce and it was properly memorialized in the QDRO then, yes, your ex is still entitled to part of your retirement.

Has the QDRO been served on whatever entity is going to be paying your retirement benefits?

 

[hrforme]

yes, a QDRO generally puts a "lien" on your retirement accounts and states a certain portion is owed to an ex-spouse at time of distribution. You agreed to it at the time of the divorce and nothing changes it. Usually it is a portion/% that was earned for the time period in which you were married. You would need to go back to the actual QDRO to see what it was you agreed to. If a 401k plan, generally they would have segregated her assets out at the time....If a pension plan, they would have done some calculation at the time the plan got the QDRO paperwork.

But in the end, nothing absolves or gives that portion back to you unless there was something written in the QDRO that did (and in 20+ years of HR practice, I've not seen one)

 

[zddoodah]

Is my ex spouse still entitled to part of my retirement ?

"Retirement" is an abstract concept, so the answer to the question, as phrased, is no (or, more accurately, as phrased, the question makes no sense). As far as what your ex-spouse is or isn't entitled to, how could anyone here possibly know? No one here has read your divorce judgment or QDRO.

To me that sounds crazy.

The overwhelming majority of divorces are resolved by way of a marital settlement agreement -- i.e., an agreement made by both parties that resolves all issues connected with the divorce. Was your divorce resolved in this way? If so, and if such an entitlement exists pursuant to the agreement you made, then you should ask yourself why you would have agreed to something that you regard as "crazy."