My stbx and I signed a property settlement in July 2010. In that settlement I agreed to allow her to file a QDRO against my 401K at half the balance as it stood the date of separation. Her attorney filed the claim in late March 2011. I filed for divorce at one year and one day on April 7, 2011. She and her attorney have been delaying the divorce twice (asking for and receiving two continuances) because they think the QDRO must be completed prior to the absolute divorce or she is subject to loose that right. Is that correct?

The local court here in Pitt County issued the court order. According the the plan (its a state plan, I work for local government) it’s contingent upon her or her attorney to submit the court order to them. then it’s a 6-8 week process. I called about a month ago to inquire about the process. They told me no QDRO has been filed against my account. After they explained the full process I sent my stbx the information as a gesture of good will. I called yesterday and there stil has been no QDRO filed against my account. I have been told that they can not be granted another continuance and their response is due Sept. 6, 2011 and the court date set for Sept. 22, 2011. If the divorce is granted on 9-22 and the QDRO, and what they say is true, is there something I can file to stop the QDRO?

They will need to include a claim for Equitable Distribution of retirement benefits in the divorce complaint and then submit the QDRO to the judge to sign. If you agreed to the QDRO pursuant to a separation agreement, then that SA is final and binding, even if you refuse to sign the QDRO the judge can enter the same as an order of the court and the funds will be distributed to her. If they do not include the QDRO at your hearing, then they cannot do it.