In my divorce my ex-husband put a QDRO on my pension benefits. Can the QDRO be reversed due to hardship as I have not worked for over five years and being 58 am unable to access my pension?
Answer
No, a retirement plan is property - like a house or a car. Once your community property is divided - that's it (barring a successful motion to set aside the judgment). Besides, even if the QDRO was set aside, you still wouldn't be able to access your pension until you reach the minimum age. Suggest you look into spousal support. Also suggest that you call your local bar association to find a family law attorney who will look over your paperwork and advise you for a minimal fee.
Answer
The question that must be answered is whether or not the QUADRO properly designated community property that should be sequestered and divided between the parties. If the QUADRO captures both separate and community property, you should return to court and ask for a modification of the order so it accurately divides only that which is community. Please meet with experienced family law attorney to explore your legal options.
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