Separation Agreements & QDROs


#1

Does a separation agreement have to be entered into the courts to be eligible to file for a QDRO? In other words, if a QDRO amount is stipulated in the agreement and the divorce is granted, does the separation agreement have to be filed with the courts in order to be able to get the QDRO? My ex is against filing the agreement with the courts. Does anything else need to be entered in the courts at the time of divorce in order to secure my right to the QDRO (besides agreeing to it in the sep. agreement)?


#2

No, the separation agreement doesn’t have to be filed. You do have to file an action for equitable distribution for the limited purpose of obtaining a QDRO. In the complaint, you allege that the parties entered a separation agreement and the separation agreement called for a QDRO because the QDRO needs to be signed by a judge.

You can file the claim for equitable distribution in conjunction with your action for divorce or separately, but you should file the action before the divorce is granted.


#3

You said you should file the claim for equitable dsitribution for a QDRO prior to filing for divorce. What if your divorce has already been granted? Is there any way to get the QDRO specified in the agreement at that point?


#4

Yes, through an action for specific performance of the contract.