Ca Qdro Mistake — Date Of Segregation Used Instead Of Separation/community Property Period. Is There Any Way Recover My Money?
Location:
State: California
Orange County
My divorce settlement agreement awarded my ex one half of the community property interest in my retirement plan, meaning the portion accrued during marriage before separation.
A QDRO was later prepared and signed. I read it before signing, but I misunderstood the term “Date of Segregation.” I thought it meant the separation date. Instead, the plan administrator used the date the funds were actually segregated/transferred, which was almost two years after separation.
Because of that, the QDRO was processed as 50% of the total vested account balance as of the segregation date, instead of 50% of the community property portion as of the separation/community period. The funds have already been transferred to the alternate payee account.
Is there any way to ask the family court to correct or clarify the QDRO after it was signed and processed? Would this be a Request for Order, emergency/ex parte request, motion to clarify, amended QDRO, or something else?
Is there any realistic way to get the extra money back or correct the transfer if the QDRO did not match the settlement agreement, or did I likely lose the money because I signed the QDRO?
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