Legal Question in Family Law in Oregon

Yes, you need to have a QDRO (qualified domestic relations order).

YOUR POST:

If there is not going to be any change to the original divorce decree, is a quadro necessary? If it is not necessary, what does my ex-wife have to do to satisify the people handeling the case. I am going to retire in 11 months and she is going to get a portion of my retirement and the union people handeling the paperwork say they need a copy of the quadro. Is one really necessary? My ex-wife has said she is not going to change anything.

ANSWER:

The divorce results in a major change in your legal status: You and wife are no longer married. So when you retire in 11 months (assuming you do not get married to some other woman between now and then), you will be an unmarried person, with no �privity of legal relationship� with your former wife. And upon your retirement, your former wife will have no legally enforceable right or entitlement to share in your retirement (notwithstanding language in the divorce decree to the contrary) UNLESS there is a Qualified Domestic Relations Order (QDRO) that has been signed by the judge in connection with the divorce proceeding.

If your retirement interest involves a union pension plan, ask the plan administrator if they have a �model form of QDRO� that they prefer to be used. Most union plans have model forms that can be easily adapted to your particular situation.

LAWRENCE D. GORIN

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Phone: 503-224-8884 (afternoons, Pacific time)

Fax: 503-226-1321

E-mail: [email protected]