Is there a time limit to file a quadro in NJ?

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Divorce decree 7 years ago, quadro never agreed to. Is there a time limit on filing?

Attorney Answer

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Janice Teetsell ·
Without knowing the full details it is difficult to give you a straight answer. NJ law provides an entitlement for your spouse for any retirement benefits that were accrued during the marriage. If the divorce judgement was silent on the issue of the pension/retirement plan, and it has the words "all issues not dealt with herein are hereby dismissed", it is possible that a judge would not allow the ex-spouse to now come forward to demand that a QDRO be established. If a QDRO was agreed to but never established, I do not believe that there is a time limitation on its establishment. I do know that some judges will not allow the QDRO to provide for retroactive payments if you are currently in payment status - payments that should have been made previously and were not made because there was no QDRO in place will not be paid back. You should discuss this with a matrimonial attorney - if not the attorney who handled your divorce.
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