FAQ: Is It Too Late To Enter My QDRO?

ANSWER: Probably Not.  In general, it is preferable to enter a Qualified Domestic Relations Order ("QDRO") as soon as possible after your divorce is final.  However, if a long time has passed and you have not entered your QDRO, based on the current case law, you may still be able to obtain the retirement benefits which you were awarded. To be clear, waiting many years after a divorce to enter a QDRO is not a good idea for a number of reasons.  These include:  (a) Your ex-spouse may be difficult to locate; (b) a party may have already started receiving their benefits, (c) the retirement plan itself may have gone through changes which unexpectedly impacted the parties' rights; and (4) entering the QDRO may require additional court action.  So, while the general rule is that it usually is better to enter all QDROs as soon as possible after the divorce is entered, even a period of 10 years or more may not be too late. Dorko v Dorko, 502 Mich 878 (2019).

Especially with QDROs and employer-provided benefits, there can be no single "right" answer and the laws can change without much warning. It is imperative to seek counsel of the appropriate legal, financial and QDRO professionals to draft and enter the QDROs which your Judgment of Divorce specifically requires.

PLEASE NOTE: This blog is not intended to constitute legal, financial or tax advice.  We do not recommend making important decisions of the type addressed in this article without specific legal or professional financial advice in advance.  We at Banfield Couling Law and Mediation PLLC are here to help navigate your legal matter at any stage of your divorce.