Can my ex-wife be forced to sign QDRO even if it was not in MSA?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my ex-wife be forced to sign QDRO even if it was not in MSA?
I was divorced 4 years ago and in the MSA it was agreed that I pay $100,000 lump sum out of my pension. I found out before I retired that I could not take a lump sum. I offered other payment option to her but she is not interested. She filed joinder on my pension so it is held up right now. In the MSA it was not specified to use QDRO but my former employer is under ERISA and will not pay my ex-spouse without QDRO that she refuses to sign because there is no lump sum payout for pension. What can I do?
Asked on April 20, 2012 under Family Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Okay so there was a lot of information that was crucial to know that was not known prior to signing the agreement. What you are going to probably have to do is to open up the MSA and add the QDRO language. Normally when the language is there a spouse who refuses to sign is held in contempt of the agreement. Please speak with ana ttorney. Maybe the other option you mention - such as a home equity loan or some other way you can pay her? - that you can present to the court nd they can order the redistribution. She is just trying to get your goat. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.