Q: My ex will not participate in completion of the QDRO's. Is there a way for me to keep 100% of the assets?
Decree signed 2014. Ex appealed to AZ Court of Appeals and lost at trial in 2017. She flat out refuses to participate in the QDRO's even though there are significant financial assets that she will gain. I do not understand her motivation but am more than happy to keep it all if she doesn't want it. Just not sure what I can and cannot do.
A:
My thoughts: if you have an order for a QDRO, you can ask the court to hold her in contempt if she is willfully disobeying a court order. You may ask for jail time until she signs.
If you have a property settlement agreement which is incorporated but not merged with the decree, you may sue her in civil court on the basis of breach of contract.
In terms of, "keeping it all," that depends on whether her rights pass to her heirs.
If I were you, I would act fast, as she may be depleting assets or taking loans against them without your knowledge.
If you have not yet tried to resolve this informally, I would set up a meeting to see if you can both agree to just keep what you each have.
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