Q: How to amend a QDRO, removing ex wife as beneficiary? I have since remarried and need to have my ex removed.
I am attempting rollover my pension into an IRA and the QDRO has her listed as beneficiary for my half of the pension. I cannot proceed unless she signs a form acknowledging that I am moving assets. She has received her portion and now no longer responding to my calls or texts.
My former employer will not allow me to proceed unless she signs the form, even though we're divorced and she has received her half for both 401k and pension. They have stated that the qdro still has her listed as beneficiary. I have fulfilled my obligation for child support and not in arears.
A: Ordinarily, a QDRO does not designate an employee's beneficiary. Because this is a very unusual situation, you probably should consult the attorney who handled your divorce case about why your QDRO names your ex-spouse as the beneficiary. The only thing I can think of that might explain why yours does is that naming your ex-spouse as your beneficiary was part of the property settlement of your divorce case. If so, it cannot be changed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
