Legal Question in Family Law in Colorado
Can a divorce agreement be amended if both parties agree to the amendment?
The divorce agreement between my X-wife and I states, that she is to get 1/2 of my IBM Retirement. I am supposed to get 1/2 half of her retirement. We came to the decision after the fact, that neither of us should have to give up any of the retirement to the other. Can this be accomplished with some sort of form, signed by each of us and present it to the Boulder County Justice, and forward copies to our respective retirement holders? Can I do this without a lawyer, and cheaply? Thanks Very Much!
1 Answer from Attorneys
Re: Can a divorce agreement be amended if both parties agree to the amendment?
As long as both sides agree, it's not a problem to prepare an amendment to your divorce agreement, and you can just file that with the court. However, if there are QDROs in place regarding your retirement accounts, you'll probably want to get an attorney involved in order to "undo" the QDRO. Chances are the plan administrators won't accept just the amendment - you'll need a further order from the court, and retirement accounts can be kind of tricky. However, you could first contact your retirement account holder to see what they require to put a stop to the QDRO.
Hope this helps!
Christine C. Nierenz, Esq.
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