There is a quadro on file with my ex’s retirement department giving our disabled son his retirement benefit when he dies. Can his father revoke that?

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There is a quadro on file with my ex’s retirement department giving our disabled son his retirement benefit when he dies. Can his father revoke that?

There is a quadro on file with the retirement dept of my ex’s employer. It gives our disabled son his dad’s retirement benefit when he dies. His dad recently took our son out of his will entirely and named his girlfriend. He says that our son can no longer get the court ordered retirement now. Is that true? I thought he would have to go to court to get that changed.

Asked on February 18, 2018 under Estate Planning, California

Answers:

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

Answered 3 years ago | Contributor

I am so sorry for your situation.  Please take your divorce stipulation of settlement to an attorney to review.  The QDRO stands.  It is on file with the administrator of the retirement plan and only court order would change that.  But your agreement is a contract and it is enfoceable ALWAYS and even as against his estate.  But go and have a consultation because you need to know your rights and be prepared.  Good luck.


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