QUOTE (Mike Preston @ Mar 10 2010, 01:56 PM)

Why does it matter? Final decrees can be modified by the court. So, no, there is no time limit.
IT MATTERS A LOT. Most divorce decrees incorporate a property settlement between the parties that includes the division of pension benefits. In many states the property settlement is an executory agreement which is binding under the state law of contracts. The QDRO that is issued by the court provides the details of how the pensions listed in the property settlement are to be divided in a manner that will be approved by the Plan administrator under ERISA. If a pension is not listed in the property settlement then a party would have to petition the court to reform the property settlement to include the missing pension benefit. Courts dont reform contracts lightly otherwise there would be no finality to final decisions. In order to reform the contract there would have to be a meritorious reason such as fraud by the other party. The limited facts in Bayern's post indicates that his attorney failed to inform him of a right to his ex's pension which woulld fall into the category of a unlilateral mistake by his agent (lawyer) which would not be grounds to reopen the property settlement since it did not involve fault of his ex spouse.
In cases where the retirement benefits are awarded in the divorce decree instead of a property settlement the court would require a meritorious reason to modify the decree similar to setting aside the settlement agreement, other than that the participant's lawyer failed to inform him that he had the right to receive a portion of his ex's pension.
The issue of setting aside QDRO benefits comes up when a participant who gave his ex the right to his survivor annuity as well as a portion of his benefits in a divorce comes back years later to request that the QDRO be modified so as to change the survivor annuity to his current spouse because he did not realize that this benefit right would be valuable if he remarried. What basis would there be for a court to modify the QDRO and take away the survivor benefit from the ex?