Difficult marriages often lead to very intense divorces. One spouse may resent the idea of divorce and may fight vehemently to prevent the divorce or to obtain terms that they view as appropriate. They may argue over every little detail in the hopes of deterring their spouse from completing the process and increasing the overall cost of the divorce. Sometimes, the conflict related to divorce does not end with the final decrees.
Even after the judge issues the final orders for property division, financial support and parental responsibilities, one spouse may still attempt to manipulate the process. In scenarios where the marital estate includes a pension or retirement savings accounts, one of the spouses’ lawyers may have drafted a qualified domestic relations order (QDRO). The document requires approval from both spouses and the courts to serve its purpose of dividing retirement accounts without penalties.
What happens if one spouse refuses to approve their QDRO?
Revisions might be necessary
Occasionally, the reason that there is conflict related to a QDRO is that the terms included in the document do not actually align with the final property division decree.
In such cases, it may be necessary to communicate with the attorney who drafted the document and make adjustments. After correcting any issues with the paperwork, the spouses may then be able to move forward with the approval process and the final division of the pension or retirement account.
Litigation might be the only solution
In scenarios where one spouse refuses to sign not because of issues with the QDRO but out of dissatisfaction with the property division terms or the divorce itself, correcting the document likely isn’t necessary. Instead, the spouse trying to complete the property division process may need to return to family court.
It is possible to request a hearing in front of a judge to enforce the terms of the final property division order. The courts can compel the non-signing spouse to review and approve the paperwork.
When a final property division order includes terms requiring the division of a retirement account or pension, approval of a QDRO is a mandatory component of completing the asset division process. The courts can compel one spouse to sign the document as a means of completing the property division process and fulfilling the terms of the final property division settlement.
Understanding the necessary steps to resolve property division disputes can be beneficial for those who have to navigate high-conflict divorce scenarios. If one spouse refuses to follow the terms of a property division decree, litigation may be necessary to resolve the issue.