[dsweepstakes]

My wife and I divorced 15 years ago... she refused multiple times to sign the quadro papers... now she wants to go to court and get the quadro... I, like a fool, have paid her 1/2 of my pension all of this time... since she never signed the quadro, and my income is so much less now, do I have to continue paying her and can she now get a quadro?

[cdad]

Was it part of the final decree? Were you in a union ?

[AK lawyer]

You say that she refused to sign it. In that case, what was provided in the divorce decree regarding the pension benefits? I'm thinking that, if no provision was made, it's too late now for the court to go back and enter a QDRO.

Also, you indicate that you have been voluntarily paying her half. The portion of pension benefits which the spouse receives under a QDRO can be a very complex calculation. It is quite possible that she was never entitled to receive that much. Furthermore, the calculation (if a QDRO is entered now) should probably be done now, and not as of the date of the divorce.

Finally, a QDRO must be accepted by the plan administrator. What does the plan administrator say about all of this?

[dsweepstakes]

Federal pension company told her 5 years ago she was ineligible. Divorce decree says that pension should be split and quardoed asap. After many letters between the 2 attornies she still refused to sign. I and my future wife told her many times that if she didn't sign it, she would lose it. The plan administrator refuses to accept quadro now... they told her she had 18 months to do it... and that was 15 years ago.

[AK lawyer]

... Divorce decree says that pension should be split and quardoed asap. ...

Except for that, I would say that she is out of luck. But if the decree gives her half, it would seem that you are obligated. In light of what the decree says, I suppose the only need for the requirement that it be qudro'd is the convenience of her getting paid directly. I suggest that you have an attorney look at all the details.

[dsweepstakes]

Was it part of the final decree? Were you in a union ?

The divorce decree says to split the pension and get a quadro asap

[ScottGem]

If that was the wording and you can prove that the papers were prepared and that she had the opportunity to sign and didn't. Then I think an attorney can get you off the hook. Tell her she had her chance and its too late and to sue you if she feels she has a case.

[cdad]

She is the one responsible for filing the QDRO and not you.
https://www.avvo.com/legal-answers/i...--1311005.html


In the event she hasn't filed and you should pass away then your new wife may be eligible for the full benefit and your ex gets nothing. But again it is not your responsibility. As far as what you have been doing and giving her 1/2 of the benefit you might want to just start setting it aside in a separate account and then she either moves on it or she doesn't. Either way the funds are there if needed. There is no SOL for filing the QDRO.

[dsweepstakes]

The federal pension company has already (14 years ago) put my new wife down as beneficiary. According to the pension company my ex-wife is entitled to nothing -0-. But again, the decree states that I have to pay my ex 50% of pension, so even though should would not sign the quadro, I still have been sending her a check for 15 years.