What is the probability of overturning a surviving spouse benefit as stated in QDRO?

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What is the probability of overturning a surviving spouse benefit as stated in QDRO?

My husband divorced his wife in 1996. We have been married since 2001. She is the surviving spouse according to the QDRO which means she will get his pension when he dies if she is still alive. She is on her third marriage and SHE should get his pension? Isn’t this a mitigating circumstance in our favor? Is there any likelihood this could be overturned?

Asked on September 13, 2010 under Family Law, Ohio

Answers:

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

Answered 11 years ago | Contributor

I know that it sounds unfair but it was decided that his pension was an asset of the marriage and that it should be an asset distributed in the divorce.  You did not indicate how long they were married, how much of the pension and was it based upon and if it is half the value at the time of the divorce, etc.  But either they agreed or the judge ruled on it and other than applying for a modification - based upon what I do not know from a reading of this if that would be even possible -  I do not see what he can do. And although it effects you, it is really his issue and he has to deal with it.  Good luck.   


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