How are pending divorce issues resolved when one party has remarried?

Question:

I have since remarried after my divorce was finalized.

What claim does my ex-wife have on my QDRO (Qualified Domestic Relations Order) since we still have yet to complete the paperwork concerning my retirement fund?

I live in Virginia and we divorced in California so which state has jurisdiction?

Answer:

Let me preface my response by stating that I am not licensed to practice in the state of California or Virginia and for that reason, it is important to note that I can only answer your question on a general understanding of the law.

In this case, the law of California will govern the divorce, and given each state’s particular laws and nuances, I suggest you consult an attorney in your jurisdiction. Since the divorce was originally executed in California, in spite of the fact that you moved, the California court is still the jurisdiction that must resolve any ongoing issues in your case.

If the retirement fund is still a pending issue in the litigation, then your ex does likely have a claim to the qualified retirement account. I would advise you to resolve this issue to a final order as soon as possible.

If the retirement fund issue has been decided and there is a court order in place that already partitions the retirement account, but no formal QDRO has been established, then this appears to only be a matter of execution.

As more information is needed in order to fully understand the procedural history of your case, I strongly suggest that you finalize this issue and execute the QDRO with the court and the plan’s benefits administrator.

Cordell & Cordell has men’s divorce lawyers located nationwide should you seek additional legal advice or representation.

 

Emily J. Barry is a Staff Attorney with the Indianapolis office of Cordell & Cordell, where she practices family law exclusively with a focus on men’s divorce. She is licensed in the state of Indiana, and US District Courts of Northern and Southern Indiana. Ms. Barry is also a certified mediator in the state of Michigan. Ms. Barry received her Bachelor of Arts in International Relations and Hispanic Studies cum laude from Connecticut College. Later, she received her Juris Doctor from Michigan State University College of Law with a concentration in Alternative Dispute Resolution.

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