Delayed 403b QDRO Filing
Hello,
My client’s divorce was finalized in 2001, a divorce decree stated her former spouse was to receive around $4,000 from 4 funds with Ameriprise. He never submitted the QDRO and the 403b has since transferred to American Funds, and then another fund company. She has since remarried, and lives in New York.
Does anybody know if her ex-spouse still has claim to this money from her 403b, and if so, does the ex-spouse also have claim to earnings over the past 18 years?
My research shows an amended divorce decree would be needed, but outside of that I can’t find anything. I can’t begin to imagine how those earnings, if applicable, would be calculated. I would truly appreciate any feedback at all. Thanks so much.
Permalink Submitted by Alan - IRA critic on Tue, 2019-11-19 00:17
Apparently, a QDRO does not expire, however there are so many issues of execution caused by this extreme delay, determining the end result is not predictable. Am sure the current custodian will be searching for any legal means in which to reject it. Determining earnings would be a subjective process. I suppose the ex could submit the QDRO once the current plan is determined and then see what impediments surface from there.