Livonia, MI asked in Family Law for Texas

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.

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

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.

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