Can my ex-wife be forced to sign QDRO even if it was not in MSA?

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Can my ex-wife be forced to sign QDRO even if it was not in MSA?

I was divorced 4 years ago and in the MSA it was agreed that I pay $100,000 lump sum out of my pension. I found out before I retired that I could not take a lump sum. I offered other payment option to her but she is not interested. She filed joinder on my pension so it is held up right now. In the MSA it was not specified to use QDRO but my former employer is under ERISA and will not pay my ex-spouse without QDRO that she refuses to sign because there is no lump sum payout for pension. What can I do?

Asked on April 20, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Okay so there was a lot of information that was crucial to know that was not known prior to signing the agreement.  What you are going to probably have to do is to open up the MSA and add the QDRO language.  Normally when the language is there a spouse who refuses to sign is held in contempt of the agreement.  Please speak with ana ttorney.  Maybe the other option you mention - such as a home equity loan or some other way you can pay her? - that you can present to the court nd they can order the redistribution.  She is just trying to get your goat.  Good luck. 


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