Garden City, ID asked in Divorce and Family Law for Idaho

Q: Does a QRDO override a divorce decree? My decree states I forgo my ex’s retirement. But there is not a QRDO filed.

Married 1982- 1996, I was a stay at home mom for the first 11 years of marriage . I agreed under duress because at the time my X Threatened he would leave the state and not give me even child support . Fast forward to today. My X is retiring and asked need to sign a waiver of pension benefits. I found out that a Quadro was not completed and his retirement fund is requiring it. At this point I would like to know if I could petition to get a portion of his retirement based on our time married.

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: A QDRO does not override a Divorce Decree, it merely directs the Plan Administrator on how to divide a 401k or military or state retirement. It's simply the "instructions" on how to do it. So, the answer is probably YES you would have the right at this point to get a large portion of his retirement. If the fault for not completing the QDRO was you ex husband or his attorney, then the task is ever easier to do this. You should absolutely file the papers necessary to have the QDRO finished.

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