How Long Are You Liable For A QDRO Claim?

divorce lawyer Andrew LaufersQuestion:

I divorced many years ago and the only issue that has never been resolved is the Qualified Domestic Relations Order (QDRO), which is used to divide retirement accounts between parties in a divorce case.

My company tried to get my ex-wife to fill out and execute the QDRO to no avail while withholding half of my pension. Because of the lack of response, my company sent me all of the withheld monies from the pension and ended the QDRO withholding.

So my question is how long am I liable for a possible QDRO claim?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Minnesota divorce laws where I am licensed to practice.

In this situation, it depends on what your divorce decree states. If it was her responsibility to draft the QDRO, she should have followed through by now.

If on the other hand, it was your responsibility you will for sure remain liable. In that instance you should retain an attorney to prepare the QDRO.

If the decree is silent, QDRO preparation typically falls to the person who benefits, which in this case is your ex-wife. However, she could request that a QDRO be entered now even though many years have passed.

To ensure you have no problems, I would send your ex-spouse a letter or ask that your company send her a letter that there is no withholding being done on her behalf for her benefit under the divorce. That way she is placed on notice that the withholding has stopped.

That type of notice will make it very difficult for her to make a claim that she was harmed and that you should remain liable for the QDRO.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Minnesota Divorce Lawyer Andrew J. Laufers, contact Cordell & Cordell.

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