JoeJo
recently joined
Reged: 10/30/11
Posts: 3
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my 2000 divorce agreement in New York stated my ex spouse was entitled to 25 per cent of my pension value in March of 1998. A QDRO was ordered by the court. It was never carried out as my ex never followed through on it. As I near retirement, I'm wondering if this will have adverse effects on my pension, or if I should just wait and see if she ever files for it. We are both remarried and doing quite well.
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Renny
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Reged: 09/24/11
Posts: 479
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I doubt the QDRO will be forgotten. Are there heirs? At any rate, there is a court order ordering the plan administrator to transfer funds from your 401(k) to her I presume. Was it ever brought to the attention of. The plan administrator? Does the divorce settlement agreement say anything about who is responsible for preparing and presenting the QDRO to the plan administrator?
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JoeJo
recently joined
Reged: 10/30/11
Posts: 3
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Thanks for the reply Renny. It was never brought to the attention of the plan administrator. I found an account she did not declare and told her I would contest the qdro if she filed as her account would have evened mine out. As she never filed the qdro, I just thought I'd leave things alone unless she tries to file and fight that battle if she does. Any thoughts?
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Renny
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Reged: 09/24/11
Posts: 479
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Two qdros were ordered? Or are you saying her retirement account was not disclosed?
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JoeJo
recently joined
Reged: 10/30/11
Posts: 3
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Correct. She had a secret account worth the same as my retirement account. I discovered it after the divorce was finalized. I told her if she filed for the court ordered qdro on my account, I would contest it on the grounds she had a secret account. So she never ordered the qdro. My pension was never notified of a Qdro on my account, and now I'm ready to retire. I was hoping there was a statue of limitations but it looks like there isn't. If she tries to go for the portion of my pension the court said she's entitled to, I will just have to counter sue her for the undisclosed account she had. I am not sure however, if there is a statue of limitations on me going after an account she didn't disclose.
Edited by JoeJo (11/02/11 03:07 PM)
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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You should have reopened the case years ago to get this corrected. It may be too late.
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Renny
addict
Reged: 09/24/11
Posts: 479
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Here is the catch. The statute has run on your claim for fraud, but not on her claim for a portion of your pension through the QDRO. No point in doing anything now. If she tries to enforce the QDRO you might argue latches (google it), but I doubt you will prevail.
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