QDROs

[Rocky]

I divorced in 2005 but didn't get QDRO processed. Couldn't afford it really. Is there a statue of limitation on this?

 

[army judge]

I divorced in 2005 but didn't get QDRO processed. Couldn't afford it really. Is there a statue of limitation on this?

A Qualified Domestic Relations Order (QDRO - for those who don't know what OP is asking about) is a Court Order which divides a pension plan, retirement account, or other financial assets; as part of your divorce.

Your divorce settlement most likely divided the pension and retirement benefits between you and your ex-spouse.

Although your divorce settlement probably states how pension benefits or retirement accounts were to be divided, the additional step of having a QDRO prepared is REQUIRED in order to actually divide the pension benefits, annuities, or other select assets.

Bottom line, OP, no QDRO, no moola, ever!!!!!

Recent cases in NY have ruled that no specific SOL applies.

But, the entire process takes about 180 to 360 days to be finalized by all parties.

The longer you wait, the longer it will take before you receive anything.

I suggest you discuss this ASAP with a lawyer or two.

This is far too complex to do alone.

Don't even try it, because if you muff it, it only delays it.

Some lawyers might be willing to take your case contingent upon you receiving benefits.

Ask, and you shall know.

However, a couple of recent decisions made it clear that with respect to QDROs, there is no applicable statute of limitations and a QDRO can be submitted to the court at any time. In Denaro v. Denaro, 2011 N.Y. Slip. Op. 04409 (2nd Dept 2011), the Appellate Division, Second Department, held that "the statute of limitations does not bar issuance of the QDRO." Relying on Bayen v Bayen, 81 A.D.3d 865 (2nd Dept. 2011), the court held that "[M]otions to enforce the terms of a stipulation of settlement are not subject to statutes of limitation… ecause a QDRO is derived from the bargain struck by the parties at the time of the judgment of divorce, there is no need to commence a separate action in order for the court to formalize the agreement between the parties in the form of a QDRO". Id. (citations omitted.)

While I would not recommend to anyone delaying preparing and submitting a QDRO, any such submission is not going to be barred by a statute of limitations. At the same time, any late submission is likely to cause another set of problems if the retirement asset is in pay status and payments are being made to the other spouse.

http://rochesterfamilylawyer.korotkinlaw.com/2011/06/11/statute-of-limitations-and-qdros/

 

[MandyApon]

thank you for all the information and advise