Statute of limitations for filing a QDRO?

[texasdad2012]

Is there any deadline for me to file a QDRO on my ex's state retirement pension account? It was not filed with our original paperwork but I believe I'm entitled to a percentage of it once she retires and begins payments. I would like to wait to file that if possible but don't want to miss any deadlines for doing so.

[anonymous guest]

Your decree should explicity state how much of it you are entitled to. If it doesn't, you may not get any of it.

[texasdad2012]

It doesn't, but also doesn't state that it is excluded, and my understanding at least is that it's pretty standard to be entitled to a percentage based on how much was earned during the marriage. Am I wrong?

[anonymous guest]

I know for my pension I had to explicitly state in the decree how much ex was going to get. Each pension plan has specific wording that they will accept. My plan required me to identify the plan by name (not just say pension, retirement funds, etc) and state a specific dollar amount.

IMO, you need to give the pension plan a call or check their website to see how they handle ex spouses.

Did you discuss the pension or its value at all during negotiations? I had to get a pension appraisal done to determine the marital portion of the pension and also to have a set amount to negotiate with.

[Trevor]

In most states, equitable distribution is decided once and is not alterable thereafter, except if you make the case that an asset was hidden from the court with fraudulent intent. Unless your argument meets this criteria (with proof) then I think you're chasing rabbits.

[anonymous guest]

In most states, equitable distribution is decided once and is not alterable thereafter, except if you make the case that an asset was hidden from the court with fraudulent intent. Unless your argument meets this criteria (with proof) then I think you're chasing rabbits.

Yeah, I have a bad feeling about this one.

[texasdad2012]

Oh oh.

[Fatheroffour]

If it's not it writing.........

[Thoughts?]

If the asset wasn't described in the property settlement, or percentage assigned, then it's a tough claim.

Conversely, if you have cause to have expected a QDRO, like a division is mentioned in general terms....you don't get what you don't ask for.

Go back to your orders, and go back to basics -- read & understand the asset division bits. There is no magic here. Either the pension was allocated / split, or it wasn't.

QDRO's are simply tools to order the plan administrator to follow a certain formula for division.