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:
- State: National
Answer:
Under ERISA, there is no statute of limitations for entering a Qualified Domestic Relations Order (QDRO). Some attorneys may delay filing the final order with the retirement plan for months or even years. During this time, various events can occur, such as the participant passing away, remarrying, or making retirement elections that cannot be changed later. These events can impact the alternate payee's interest in the retirement account.
In one case, the court determined that a wife's effort to get the plan administrator's approval for the proposed QDRO was not considered an action to enforce the divorce judgment. Therefore, it was not subject to 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.