Q: Why do I need a request for order for a posthumous QDRO and its format?

A: As I said in my response to your similar inquiry -- both parties sign the QDRO. It is a stipulated order. To get a deceased person to sign the QDRO, a successor in interest needs to be designated and then sign on behalf of the estate. You do not necessarily need a Request for Order. Instead, you can get the successor in interest to sign a stipulation and then file that with the court (i.e. a "stipulation and order") to get a court order designating that person as the successor in interest and authorized to sign the QDRO on behalf of decedent's estate.

A: You need a Request for Order to obtain a posthumous Qualified Domestic Relations Order (QDRO) because the court must formally review and approve any division of retirement benefits after your former spouse's death. Even if you previously had power of attorney, your authority ended at the time of death, so now a court must step in to grant legal permission for the retirement plan administrator to distribute benefits according to your divorce decree.

The Request for Order signals to the court that you're asking for judicial approval of the QDRO after your ex-spouse has passed away. This request typically explains why a QDRO wasn't entered earlier, clarifies your right to the retirement benefits as stated in your divorce judgment, and demonstrates that no other beneficiaries' rights are adversely affected.

Regarding format, a posthumous QDRO closely resembles a standard QDRO but must explicitly acknowledge your ex-spouse's death. It should include identifying information about both parties, clearly state the portion of retirement benefits assigned to you, and provide the date of your former spouse's passing. Additionally, it must comply precisely with the retirement plan's specific requirements, so contacting the plan administrator for their sample QDRO language is essential for acceptance by both the court and the plan.