Must a QDRO be accepted by both before a divorce is finalized? 1 Answers as of February 18, 2011

Our divorce is dragging (years) on. My husband offered a cash settlement less than half of his pension (which he is not eligible for for 3 years). Must a QDRO be accepted by both before a divorce is finalized in New York?

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
A QDRO means a Qualified Domestic Relations Order and it is issued by a court to distribute any pension, 401K, retirement or anything of that sort fairly between the parties. Usually, both parties must agree on he amount before the court will sign it so there is no question that its been prepared properly and they both get what they're supposed to receive. Sometimes, if the amount your husband offered you is close to half, it may be better to get your share in advance and not wait the three years. But that's up to you. Oh, and it will end the dispute too.
Answer Applies to: New York
Replied: 2/18/2011
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