Full question:
Can a “quarto” granted during a divorce be reversed. I'm not sure of the exact spelling, but it means that a court order is in place at my former employer granting my ex-wife 1/2 of my pension when I retire.
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Ohio
Answer:
It seems you are referring to a qualified domestic relations order (QDRO). A QDRO is a legal order that allows for the division of pension plans, specifying direct payments to each spouse after a divorce. These orders are governed by federal law and require approval from the pension plan administrator.
Once a QDRO is established, it cannot be easily reversed. Modifications are possible, but only in very rare circumstances. According to the Internal Revenue Code (IRC) § 414(p), a domestic relations order is any judgment or decree related to child support, alimony, or marital property rights that directs payment to an alternate payee, such as a former spouse.
To qualify as a QDRO, the order must identify the alternate payees, specify the benefits payable, and indicate the plan involved. Furthermore, it cannot require benefits that the plan does not provide.
The plan administrator has an 18-month period to determine if the order meets QDRO requirements. If there are deficiencies, they can usually be corrected during this time. However, events like the participant's death, retirement, or bankruptcy may affect the spouse's rights regarding the QDRO.
In Ohio, for instance, a court clarified that a trial court can enforce agreed amendments to property division judgments. In one case, a wife claimed she did not intend to relinquish her interest in a pension, but the court found her attorney's agreement binding. Thus, the court had jurisdiction to enforce the amended QDRO. If relief is sought for a mistaken agreement, it would typically fall under Ohio’s relief from judgment rules to set aside the original order (McGee v. McGee, 2006 Ohio 4417).
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.
