Is there a statute of limitations on ED?


#1

My ex-wife & I separated in July of '06, divorced in Sept 07.
We both hired attorneys and have haggled & bartered our way down to an agreement in principle – neither of us has enough to lose to take this to trial – non-retirement is about $3000 to me, retirement is about $25000 to her – but nothing seems to be going anywhere.
She has moved out of state and hasnt responded to emails in several months – she mentioned needing a QRDO to get her portion of my IRAs & 401s but doesnt seem to have a plan as to how one gets a QRDO and how to get to court & have a judge approve it.
Its not even malice or spite , but I’m just sick of not knowing what to do – can this just drag out forever ? What happens if I die – I’ve remarried – is my wife responsible for getting this cleaned up? What happens if she dies ? Am I on the hook to her estate ?

Thanks for any help.


#2

You may file a motion to have the action dismissed based on her lack of prosecution of the same. There is case law out there that allows for a participant to seek entry or a QDRO after the death of the participant.