Mabel64
recently joined
Reged: 09/05/12
Posts: 2
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I recently rec'd notice from my pension plan from past employment that I can take a lump sum distribution. My Divorce states my ex gets 1/2 and it is to be divided by means of a QDRO. We did not draft/complete a QDRO. I am now remarried and need this money. Can she come after me for the monies if I do get the lump sum? The divorce is not recognized by the plan administrator as a QDRO. This is the state of WI - not sure if that matters.
I just found on the internet from a legal site that states "If a QDRO in Not signed before the divorce is final, former spouse can lose pension benefits" they also stated a case from 1997. Anyone heard of this??? Also, if the owner spouse remarries, the pension benefits go to he new spouse. Please advise as I only have a few more days to get my submission in.
Edited by Mabel64 (09/05/12 01:55 PM)
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flustered_in_ca
recently joined
Reged: 09/03/12
Posts: 6
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I know that in California if the pension is not 'joined' and served as a party to the divorce, then a QDRO has to be approved by the administrator to even qualify. I have been working on mine since 2006 but we 'joined' the pension in the divorce. Good luck.
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6481
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Hi Mabel,
My divorce is still a work in progress, so we have not dealt with the pension QDRO yet.
I am concerned that you are taking "If a QDRO in Not signed before the divorce is final, former spouse can lose pension benefits" to mean the former spouse WILL lose pension benefits, not just CAN lose the benefits.
Good luck
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Mabel64
recently joined
Reged: 09/05/12
Posts: 2
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The divorce states that a QDRO has to be the means of dividing the pension funds. That was never done. I have printed documents from legal court cases that shows that if a QDRO was not completed at or immediately after the divorce is final, then there is nothing the X can do to get the pension monies. The judge in the case dismissed the x's motion to sue the x husband as well as the pension company. I believe we have all our ducks in a row and are proceeding in the right direction. I have remarried, took the lump sum (which was very small anyway) and that should be it.
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