CAN CLIENT GET RETIREMENT IF QDRO NOT FILED WITHIN TEN YEARS? YES!

Nevertheless, when the party who has been ordered to pay specific marital debts and/or support in a divorce judgment dies prior to completing payment, the recipient party may seek to enforce payment of the debt against the decedent’s estate. Allen v Allen, 341 Mich 543, 67 NW2d 805 (1954); Listh v Listh, 329 Mich 579, 46 NW2d 385 (1951). If there is no provision in the divorce judgment stating otherwise, the death of the party ordered to pay support does not terminate the obligation to pay support. The obligation may be enforced against the payer’s estate. Easley v John Hancock Mutual Life Ins Co, 403Mich 521, 271 NW2d 513 (1978); La Barge v La Barge, 312 Mich 157, 20 NW2d 143 (1945). Claiming against the decedent’s estate can raise time consuming and complicated issues for the survivor, particularly when the decedent has re-married or has children from a prior or current marriage who also have a claim on the estate. http://www.attorneybankert.com/