Lets see if I am understanding this. A QDRO is the order itself that is submitted to the court at anytime for the judge to sign. It can be filed on its own before or after the divorce or filed at the same time as the Absolute Divorce is. Is that correct?
i had the same question about QDRO,
and i don’t see the answer,
the question was
when can the QDRO be filed, can it be filed at the time of the absolute divorce? I am doing this on my own. does it have to be filed before or after divorce or at time of filing? My husband and i filled out the copy of it and he said his HR dept had to review it and i haven’t received it back yet, any advice??
Diane Barbour, LPN
You have to file a complaint for QDRO before the divorce is final. If the divorce is grated before the complaint for the QDRO is filed then the claim will die and you will be out of luck. You can file it with the divorce.
What if it was written in the seperation agreement that the spouse is to get 1/2 the 401K but QDRO is not filed with court until after the divorce.