Did I wait too long to get a QDRO?

Posted by William H. Sherman on Jul 11, 2017 | 0 Comments

Question:  I got a divorce from my husband almost 6 years ago and I need help finally getting some of his pension. I need a QDRO lawyer near me.

My husband worked for a company that had a pension plan. He worked there almost 35 years and then he retired. Now I think I need some help getting my share of his pension. While we were married he just worked at that company and my divorce lawyer said that I'm entitled to some of that pension, maybe half of it, and now since I'm not working I want to get some of that retirement account that I think is pretty valuable.

He was cheating and I couldn't take it anymore so I got a divorce. He was seeing one of my best friends and I found out because he went to sleep and I saw text messages that she was sending to him. We both got divorce lawyers and the divorce dragged on but finally we got divorced.

As part of the divorce the court said I was entitled to half his pension and I never took the next step to try to get it. That's because we were both working and I just didn't make it a priority for me.

Now I'm worried that I waited too long to get the QDRO and that I can't get any money. My divorce attorney at the time said that I needed to get a QDRO and now I feel like I should have gotten one done years ago.

I need to know what exactly a QDRO is and if I can still get one because now I can use part of his pension to help pay my bills and get some elective surgery.

S.K. in Dunwoody, GA

Answer:  A Qualified Domestic Relations Order (or QDRO) is the legal way to divide various retirement accounts, including pensions and 401 (k)'s, when a couple divorces. A QDRO is a legal document that a retirement account administrator requires to split the funds related to the retirement account. It is vital that the QDRO is drafted correctly or else it will be rejected.

Just because you have put off getting the QDRO for a number of years doesn't necessarily mean that it can't be done. In fact, we have prepared many QDROs for people who, for various reasons, waited to get the QDRO. While it is certainly better to get them drafted as soon as possible, just because some time has passed doesn't mean that you can't do it now.

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.

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