A couple who had divorced and obtained a QDRO dividing the husband's retirement plan account decide to remarry.
The wife's share of the husband's account was segregated within the plan but never transferred out of the plan.
My understanding is that it is possible to get a court order declaring a QDRO null and void, but that un-segregating the segregated account may constitute a breach of fiduciary duty under ERISA. Does anyone know of legal authority to this effect?
Full Version: Unwinding QDRO After Couple Remarries
The QDRO was valid, yes?
As long as there wasn't a "sham" divorce, why would they want to cause everyone headaches - not to mention legal fees - and undo a legal action?
Leave things the way they are, with the separate account.
As long as there wasn't a "sham" divorce, why would they want to cause everyone headaches - not to mention legal fees - and undo a legal action?
Leave things the way they are, with the separate account.
i have seen a lot of QDROs, but never a case like this! 
If it was me (meaning I was alt payee), I would liquidate my segregated account and roll it into an IRA, possibly in both names. It's a thought. It is weird that they went to the trouble of obtaining the divorce, and the QDRO, only to get remarried.
If it was me (meaning I was alt payee), I would liquidate my segregated account and roll it into an IRA, possibly in both names. It's a thought. It is weird that they went to the trouble of obtaining the divorce, and the QDRO, only to get remarried.
An IRA cannot be maintained in joint names. IRC 408(a). Also the transfer of IRA account from one person to another is a taxable distribution. Finally who should pay for the cost of revoking the QDRO? The plan or the participant?
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