I was ordered to pay spousal support

Q: Can spousal support be modified?

Yes, spousal support can be modified under certain conditions. If there is a significant change in circumstances, such as a change in income or employment status, either party can petition the court to adjust the support amount. It's important to provide evidence of the change to support your request.

Q: How long does a QDRO take to process?

The processing time for a Qualified Domestic Relations Order (QDRO) can vary significantly. While some plans may process a QDRO quickly, others may take months or even longer. It's advisable to follow up with the plan administrator to ensure timely processing and to address any issues that may arise.

Q: What happens if a QDRO is not filed?

If a QDRO is not filed, the division of retirement benefits as ordered in the divorce may not occur. This can prevent the alternate payee from receiving their share of the retirement account. It is essential to ensure that the QDRO is filed and approved to enforce the division of assets as intended.

Q: Is there a time limit for filing a QDRO?

Under ERISA, there is no specific statute of limitations for filing a QDRO. However, delays in filing can lead to complications, such as changes in the retirement account or the participant's circumstances. It's important to file the QDRO as soon as possible to protect the interests of the alternate payee.

Full question:

I was married for 18 years and divorced in 1998. At that time I was ordered to pay spousal support indefinitely. I have since been back to Court 3 times, at considerable expense, and have had the support reduced on each occasion. However, no one seems to be able to define what the term 'indefinite' means. Also, my ex-wife's lawyer was ordered to submit paperwork to my employer to have my retirement account divided 50/50 with my ex. To date that hasn't been done. Is there a statute of limitations on such orders? It's been nearly 10 years now.

Category: Divorce
Subcategory: Alimony
Date: 04/07/2025
State: National

Answer:

Under ERISA, there is no statute of limitations for the entry of a QDRO. Many attorneys wait months or years before filing the final Order with the Plan during which time the Participant may die, remarry, re-divorce (in which case another QDRO/DRO might be filed), or may make irrevocable retirement elections which cannot later be changed. These may affect all or part of the Alternate Payee's interest.

In the following case, the court found that the wife’s attempt to obtain the approval of the plan administrator of the proposed QDRO and the entry of that order was not an action to enforce the divorce judgment, and hence was not barred by the ten-year statute of limitations for enforcing judgments:

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is indefinite spousal support?

Indefinite spousal support means that one spouse is required to pay support to the other without a set end date. This type of support is often granted when the recipient spouse may need ongoing financial assistance due to factors like age, health, or lack of job skills. However, it can be modified or terminated if there are significant changes in circumstances, such as the recipient remarrying or becoming financially independent.