1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

QDRO questions

Discussion in 'Divorce, Separation, Annulment' started by Maddevill, Apr 18, 2020.

  1. Maddevill

    Maddevill Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    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
     
  2. cbg

    cbg Super Moderator

    Messages:
    8,275
    Likes Received:
    1,423
    Trophy Points:
    113

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

    adjusterjack Super Moderator

    Messages:
    7,912
    Likes Received:
    2,050
    Trophy Points:
    113

    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?
     
  4. hrforme

    hrforme Active Member

    Messages:
    599
    Likes Received:
    141
    Trophy Points:
    43
    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)
     
  5. zddoodah

    zddoodah Well-Known Member

    Messages:
    3,797
    Likes Received:
    894
    Trophy Points:
    113

    "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.

    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."
     
    hrforme likes this.

Share This Page