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Is there a Statue of Limitations on filing a QDRO against a pension?

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S

Sherrie1968

Guest
What is the name of your state? California

Over 10 years ago I entered into a stipulated judgement with the court re my pension benefit with my ex-husband to settle our divorce (in California).

The court ordered my ex-husband to file a QDRO with the court to obtain his rights to my pension.

As of this date he has NOT filed anything with the court.

Is there a statue of limitations re filing a QDRO against a pension?

If so who sets the time limit; the state of California? the company the pension was earned from? the Federal Government? or ?

If such a statue of limitations does exist, has it 'run' (expired) for the filing a QDRO against my pension?

Any information re this issue would be greatly appreciated.

Thank you, Sherrie
 


I AM ALWAYS LIABLE

Senior Member
Sherrie1968 said:
What is the name of your state? California

Over 10 years ago I entered into a stipulated judgement with the court re my pension benefit with my ex-husband to settle our divorce (in California).

The court ordered my ex-husband to file a QDRO with the court to obtain his rights to my pension.

As of this date he has NOT filed anything with the court.

Is there a statue of limitations re filing a QDRO against a pension?

If so who sets the time limit; the state of California? the company the pension was earned from? the Federal Government? or ?

If such a statue of limitations does exist, has it 'run' (expired) for the filing a QDRO against my pension?

Any information re this issue would be greatly appreciated.

Thank you, Sherrie

========================================

My response:

Your Marital Settlement Agreement (MSA) is nothing more than a written contract between you and your ex-husband. As such, written contracts in California have a limitations period of 4 years, unless otherwise agreed; e.g., a waiver of the Limitations period written into the MSA.

Therefore, unless there is a "waiver", he has allowed the Statute of Limitations to expire, and is no longer able to exercise his "rights". He is also subject to the equitable affirmative defenses of "Estoppel" and "Laches" if he attempts to make his claim at this late stage.

IAAL
 
S

Sherrie1968

Guest
QDRO statue of limitations

Thank you for responding to my post.

There was no 'waiver'; re a limitations period written into the stipulated judgement. Based on what I now know I have a better understanding of who has rights to my pension.

Thanks, Sherrie
 

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