Legal Question in Family Law in California

My ex-husband is passed away and the Annuity trust fund that was required by the court to put my awarded share into an account in my name is now denying my withdrawl, telling me I need a file endorsed QDRO, when I have already given them the Attachment to the dissolution of marriage which is an order from the court. Does that not meet the requirements of the Divorce? And if it were not considered an order (judgement) why would my share from the annuity be set aside? And if there is an Alternate Payee's adverse claim, could an alternate payee be distributed funds before they allocated mine?


Asked on 8/21/10, 4:57 am

1 Answer from Attorneys
Gary R. White Burton & White

A QDRO is a specific type of Court Order required to divide federally regulated retirement accounts. You should consult with an attorney immediately to protect your rights to the annuity and any other property of the marriage.

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Answered on 8/26/10, 11:27 am


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