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Do I still get my ex husband's pension if he dies?

You qualify for survivor benefits on the work record of a late ex-husband or ex-wife if: The marriage lasted at least 10 years.

What happens after QDRO is approved?

Once the QDRO has been approved in draft form, it is presented to the Divorce Court for signature by a Judge. This step may be done by the party (or parties) and/or the attorney(s), or by me. The QDRO is often submitted together with the other divorce papers.

What happens if QDRO is not filed?

The participant's pension may have an option to designate a recipient in case of their death. Without a QDRO on file, nothing is stopping them from selecting someone other than the ex-spouse. This designation may be impossible to reverse.

What happens to QDRO when participant dies?

If the participant dies, nothing further is payable to the alternate payee unless a survivor benefit option was elected. With this approach, it is advisable that the QDRO award a QSPA so that the alternate payee will receive payments even if the participant dies before retiring.

Is there a time limit to file a QDRO in California?

In general, there is no time limit on when a Probate and Family Court will review and issue a QDRO. Unfortunately, the same is not always true when it comes to retirement plan administrators, particularly if a participant dies before a QDRO is filed.

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