Legal Question in Family Law in Connecticut

Delayed submission of QDRO

I was granted a divorce in CT 1998 and an order for 50% of 401K benefits was granted to my ex at that time. She was to submit a QDRO to my plan for distribution but failed to do so until now (2006) claiming 50% of current benefits. Since I have made additional contributions and gains into the plan since the divorce decree, can I limit her to the value as of 1998? How can I contest the QDRO she submitted to my plan?

I currently live outside of the US, can I block the final QDRO approval order from being processed through the CT court prior to my return or does the court require my agreement before granting the final QDRO approval?


Asked on 4/28/06, 3:21 am

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

Re: Delayed submission of QDRO

The court SHOULD require the signatures of both parties (or their attorneys) before it approves the QDRO, but sometimes it slips by, sometimes there's a forgery, you ought to get a lawyer to keep track. Also, if the separation agreement that became the judgment was properly drafted, it will specify that she gets 50% of the account as of a specific date (usually the date of the divorce).

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Answered on 5/01/06, 1:58 pm


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