Full question:
I was divorced in 2007, and my ex-wife passed in 2009, (no will, conservator, and no quid pro was done (I hope I am pronouncing that right)). what would I have to do to have her portion of the retirement revert back to me?
- Category: Divorce
- Date:
- State: California
Answer:
To reclaim your ex-wife's portion of the retirement benefits, you need to understand the role of a Qualified Domestic Relations Order (QDRO). Without a QDRO, the retirement plan may not recognize your divorce or your ex-wife's rights to any benefits. This means the plan might pay all benefits to the participant, which in this case is your ex-wife, even if there was a divorce settlement agreement.
If your ex-wife passed away without a QDRO, you may not receive any benefits from the plan. A QDRO is essential because it assigns rights to a portion of retirement benefits to a spouse or former spouse. However, it does not guarantee immediate access to funds; this depends on the type of plan and the participant's eligibility to retire or withdraw funds.
It is advisable to have a qualified attorney draft or review a QDRO to ensure it meets legal requirements and protects your rights. The QDRO should be filed with the court alongside the divorce decree. If not done correctly, you may lose rights to certain benefits, such as survivor benefits.
Before taking any legal action, consider contacting the plan administrator for specific guidance on your situation.
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.