Do you have to file a claim for equitable distribution to do the QDRO, or can they just use your signed and notarized SA?
You need to have a claim for Equitable Distribution of Retirement benefits in order for the court to have jurisdiction to enter the QDRO.
So here’s a scenario…what would happen?
Let’s say the SA spells out the terms of the QDRO distribution, and both parties sign and notorize the SA. The spouse having the 401k account files for divorce and an absolute divorce is granted. Can the other spouse still file the claim of Equitable Distribution of Retirement benefits once the divorce is finalized?
No, at this point you would need to file a breach of contract action in order to have the QDRO entered.
Would I be “in trouble” if he filed this breach of contract order? Or is it more of the formality that would need to happen to re-open things to get the QDRO taken care of?
It is a formality to have the QRDO entered.