What do I do with an unexecuted OUADRO that is holding up my retirement planning?

Have your divorce lawyer fix it.

I would suggest you go back to the attorney who was supposed to complete this and determine why he did not. I would also immediately act to correct the the situation and get your QDRO on record and in force.

*Qualified Domestic Relations Order* or A QDRO divides the retirement benefits (usually IRA) at the source and places a portion (or all of the assets) in another person?s name without incurring the tax liability or penalties, even though the parties may not be near retirement age. Upon separation or divorce, a QDRO provides the mechanism to divide this asset, without incurring current taxes or penalties. If division of a retirement plan is part of the distribution of assets, anticipate the need for a QDRO and discuss it with an attorney as part of the overall complaint seeking a divorce decree. Typical steps for the entry of a QDRO are: a. A determination has to be made by agreement of the parties or by the family court as to how the retirement benefits are to be divided. b. A Family Law or Estate Planning Attorney finds out from the retirement benefits management Company the proper forms for division of the retirement account. c. The necessary forms are then prepared by a Family Law or Estate Planning attorney.d. The forms are then sent to the plan administrator for approval. e. After corporate approval and a divorce decree is entered, the form is sent to the appropriate family court judge for approval of the order dividing the retirement benefits. f. The family court judge signs off and the qdro is sent to the plan administrator again for final approval and implementation. If any of the above were not carried out correctly you will need a Family Law attorney to make a petition on your behalf for modification of the divorce decree.

Who represented you in the divorce? Either go back to the old attorney or contact a new attorney to finish this matter up.

A Qualified Domestic Relations Order (QDRO) must be signed by a judge. You will need to hire an attorney to see if anything can be done at this point, such as reopening the divorce case.

You need to go to a family law lawyer to bring a motion to compel.

First, contact the attorney who represented you in the divorce. Second, contact the attorney who you say was hired by your ex-husband. Tell them the QDRO was never properly executed and that you are holding them responsible. Third, take your judgment of divorce to a third attorney to seek further help as soon as possible because there is a 10-year period during which the original judgment may be enforced subject to being renewed.

An unexecuted Quadro is of absolutely no legal effect. If your divorce judgment or property settlement called for the Quadro to be executed and your ex refused to do so, then you should have your lawyer follow up with him. You can take him back to court, if need be. The court might even sanction him for failing to comply.