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Question asked on Dec 19th, 2018

Q: My attorney sends QDRO to my Union and gets approved but without letting me or my ex wifes attorney seeing it. When it goes before the Judge the defendants attorney does not approve so Judge does not sign approved QDRO until both sides are in agreement. I see QDRO and was asked if I wanted to make any changes. I wanted the language to be changed to state I had gains and or losses and those should be added to the account balance first before her 50% was taken. I had a balance when we married and that balance contributed to what this balance is showing. They did deduct the amount I had first but did not calculate the gains and losses it made and subtract those before giving her 50%. The way it states now is She is to receive 50% from the account balance and any gains and or losses. Then third party payments can not be added and this they knew but added this to the decree and this has been the hold up for 2 1/2 years. They are wanting to be paid, The first decree did not have this.

A: Some of the details are a bit unclear; it is not at all clear what you mean by reference to “third party payments.”  While it is possible to freeze the spousal share, the default provision of our usual retirement orders (through our QDROMasters order drafting division; see https://qdromasters.com/) is to have the spousal share increase or decrease in accordance with dividends, gains and losses until date of segregation of accounts.

As to your question, there is no specific time unless the court set one, although 2 1/2 years seems outrageous on any standard.  If the attorneys involved do not understand pension division and QDRO drafting, your best bet is to get a second opinion from experts in pension division orders, at QDROMasters or another highly qualified source if you have one.