If a divorce decree indicated each party could put a QDRO in place but one party never did, can they put one in place now 19 years later?

Asked on July 21, 2015 under Family Law, New York

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

As long as the final decree authorizes the QDRO, it can be done later... even 19 years later.  In fact, many plan administrators for retirement plans will not act on a divorce decree alone... they will usually require the QDRO.  However, before you go to the expense of having a QDRO drafted, contact the plan administrator to see if the decree will be enough.... on the off chance that they will honor the decree as written. 


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