So, you’ve finalized your divorce; even sort out child support, alimony, and property division. With the help of an attorney, you draft out a QDRO necessary for dividing retirement accounts only to discover that your ex wouldn’t sign the order.

What now?

Typically, QDROs are required by law for the division of retirement accounts, and both parties are required to sign. If you and your spouse had complied with a certain division of a retirement account and the agreement was memorialized in a settlement agreement, it will be a violation of the court’s order for your spouse not to sign the order.

Why an ex-spouse won’t sign QDRO

Your ex might refuse to sign the QDRO for numerous reasons. Other times, it could simply be out of anger. But whatever the reason is, once the court makes a judgment to divide the retirement account, your ex has no valid reason not to.

The good news is, your ex is most likely to sign as soon as they realize the negative impact of not doing so. When an ex refuses to sign a QDRO, simply fill a motion or contempt request to persuade your ex to take action.

Penalties for refusing to sign a QDRO

Your ex refusing to sign the QDRO shouldn’t disturb you. All you need is a court order that directs the court clerk to sign on behalf of your ex. Once you have that order, you don’t need your ex to proceed with your QDRO.

If your ex keeps on resisting for whatever reason, you can file a contempt. Once your spouse is found guilty of contempt, the court will find no more than $1,000, or a 5 days imprisonment, or both.

How to file a motion to the clerk

Instead of filing for contempt, it is much easier to file a motion to have the court clerk sign on behalf of your spouse. However, keep in mind that you’ll need several documents to file this motion, such as Request for Order, Declaration, and a Proposed Order. Once the clerk has approved your motion, the judge will sign the order, with the court clerk signing at the place meant for your spouse.

Once done, you can present it to the Plan Administrator for the final division of the retirement account.

Work with an experienced QDRO attorney

In delicate cases like this when an ex-spouse refuses to sign the QDRO, it is best to work with an experienced attorney for proper guidance. Your attorney will disclose your options, and it’s either up to you which action you take to enforce the QDRO. In that case, don’t hesitate to give us a call, or fill our contact form.