What to do if I was divorced 13 years ago butfailed tofile a QDRO back then?

UPDATED: Mar 2, 2012

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What to do if I was divorced 13 years ago butfailed tofile a QDRO back then?

I was divorced but did not file a QDRO for pension benefits. My salary increased so my potential pension payout increased. I’m planning on retiring in about a year and want to know when I do the QDRO is the amount owed to my ex determined? The divorce agreement states 50/50 split. Is the 50% split based on the original estimates?

Asked on March 2, 2012 under Family Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your potential payout increased because you worked more and put more in as contributions. Keep in mind, however, that much of that (after the divorce) was or is considered your separate property because it was earned post divorce. While you may need to pay out, you may need to seek an amendment or accounting of the contribution because the split may no longer be considered or should be considered fifty-fifty of the total but fifty fifty of the total at the date of divorce.

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