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Does my Former Spouse have to sign the QDRO? What if they refuse?

Submitted by on Thursday, 01 December 2016 17:14
Since QDRO Pros is a neutral party, both parties must sign the QDRO. It also must be signed by the Court. In most cases the Marital Settlement Agreement or Judgment for Dissolution requires the division of the retirement plans and in many cases requires that a QDRO be implemented. It sometimes even goes as far as requiring that the QDRO be prepared by QDRO Pros. Your Former Spouse would be in contempt of a Court Order if they refuse to execute documents to effectuate the division of the retirement plan. However, you may find it necessary to have your Family Law Attorney do a motion asking the Court to sign in place of your Former Spouse or ordering your Former Spouse to sign.

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