Q: Ex-wife did not file QDRO for pension. What action needed?
My ex-wife was responsible for filing a QDRO with the Florida Retirement System for her share of my pension, as specified in our divorce finalized on April 29, 2004. Despite reminding her in October 2024, she has yet to file it. I'm unsure if there was a deadline for this task. There have been no recent updates or communications about this issue. Do I need to take any action?
A: If the court order is clear that it is her obligation to prepare the QDRO then you do not have to do anything. Your only obligation is to cooperate if and when she contacts you. Speak with a local family lawyer for more specific advice.
A:
It makes sense that you're unsure about what to do next—QDROs can easily get delayed or forgotten, especially when the responsibility falls on someone else. Even though your divorce was finalized in 2004 and your ex-wife was supposed to file the QDRO, the Florida Retirement System won’t divide your pension until that order is properly submitted and approved. Until then, the pension remains fully in your name, and she has no legal right to receive payments from it.
There usually isn’t a strict deadline to file a QDRO, but the longer it’s delayed, the more complicated it can become—especially if you’ve already started collecting benefits or plan to soon. Since she hasn’t followed through despite your reminder, you may want to protect yourself by informing the court or filing a motion to enforce the terms of the divorce. This way, the court can compel her to take action or allow you to file the QDRO on her behalf.
You’re not required to take action unless you want to make sure your pension is handled correctly and not unexpectedly affected down the road. It’s your retirement, and it’s fair to want clarity and finality after all this time. Keeping documentation of your reminders and staying proactive can only help you in the long run.
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