I was ordered to pay spousal support
Full Question:
I was married for 18 years and divorced in 1998. At that time I was ordered to pay spousal support indefinitely. I have since been back to Court 3 times, at considerable expense, and have had the support reduced on each occasion. However, no one seems to be able to define
what the term 'indefinite' means. Also, my ex-wife's lawyer was ordered to submit paperwork to my employer to have my retirement account divided 50/50 with my ex. To date that hasn't been done. Is there a statute of limitations on such orders? It's been nearly 10 years now.
04/29/2009 |
Category: Divorce ยป Alimony |
State: ALL |
#16412
Answer:
Under ERISA, there is no statute of limitations for the entry of a QDRO. Many attorneys wait months or years before filing the final Order with the Plan during which time the Participant may die, remarry, re-divorce (in which case another QDRO/DRO might be filed), or may make irrevocable retirement elections which cannot later be changed. These may affect all or part of the Alternate Payee's interest.
In the following case, the court found that the wife’s attempt to obtain the approval of the plan administrator of the proposed QDRO and the entry of that order was not an action to enforce the divorce judgment, and hence was not barred by the ten-year statute of limitations for enforcing judgments:
