I do not believe there exists a time limit to bring a QDRO. I know a party that divorced 20 years ago and no one said anything about the 10 years worth of pensions rights that accrued. Is it possible to still bring a QDRO on the defined benefit plan? If so, how do you start?

There is no time limit under federal law. State domestic relations law may not allow you to resurrect the distant past. And without a state domestic relations law order, you can't get to the plan.

At least two federal circuit courts have issued incorrect decisions to the effect that if an alternate payees waits too long (until after the participant has remarried, retired and statred benefits, died)the alternate payee's interest may be compromised or lost. So delay may have a negative effect, depending on the circumstances.

Also, depending on how you wish to divide the pension benefits, no one may have adequate records from that far back, and you may have to estimate to arrive at a division rather than have a precise and objective division based on benefits accrued during the marriage.

You start by going to a lawyer who is competent in domestic relations law to answer the state law question and then a lawyer who really understands QDROs. In order to really understand QDROs, you have to understand qualified plans. Unfortunately, it is seldom the same lawyer who can handle both with the level of understanding that you may need.

There's an 18-month retroactive period in Code Section 414(p). If one reads it carefully, you'll find it has to do with when payments are made, not when the parties were divorced, but many plan administrators are confused by this provision and may not initially accept a QDRO more than 18 months old.