My Divorce Judgment Says I Get Half Their Retirement—So Why Haven't I Been Paid?

Going through a divorce is emotionally draining, and by the time the Final Judgment is entered, most people expect that they'll finally get what's been awarded to them. But what happens when your divorce judgment says you're entitled to half of your ex's retirement—and months or even years later, you've seen nothing?

If that sounds familiar, you're not alone—and you're not out of luck. Here's what may be happening and what you need to do to actually receive what you were awarded.

The Judgment Is Just the First Step

When the court awards you a portion of your spouse's retirement in a divorce, it's usually written plainly in the Final Judgment: something like “Wife is awarded 50% of Husband's retirement account accumulated during the marriage.”

Unfortunately, that judgment doesn't automatically divide the account or cause any money to be transferred to you. Most retirement accounts—especially pensions, 401(k)s, and government employee plans like FRS—require something called a Qualified Domestic Relations Order, or QDRO.

What Is a QDRO?

A QDRO is a legal order that tells the retirement plan administrator:

• Who is entitled to a share of the benefits;
• How much they're entitled to;
• When and how those benefits will be paid.

Without this document, the retirement plan has no legal authority to divide the account. The Final Judgment gives you the right to a portion, but the QDRO is what makes it happen.

Do I Need a QDRO for Every Type of Retirement?

Not necessarily. Here's a quick breakdown:

• 401(k), pensions, FRS, military retirement, and other employer-sponsored plans:
  Yes, these require a QDRO (or a Military Order for service members).
• IRAs (Individual Retirement Accounts):
  No, IRAs generally do not require a QDRO, but the language in your divorce decree must be clear and specific about the division.

“But They Said I Don't Get It Until They Retire!”

In many cases, that's true—and it's not a scam. Certain retirement systems, especially public sector plans like the Florida Retirement System (FRS), do not allow distributions until the employee actually retires. That means:

• Your portion stays in the plan until your ex retires.
• You are subject to the same rules as they are.

This often catches people off guard, especially if the Final Judgment didn't explain this timing. But remember: retirement plans control the timing of payouts, not the court.

Why Isn't This in My Judgment?

Most Final Judgments include the “what”—the fact that you get a portion of the retirement—but not the “how.” That's because:

• Courts don't dictate the internal rules of retirement plans.
• The specifics of division and payout are left to be handled through the QDRO process.

It's frustrating, but it's the standard process—and it doesn't mean you aren't entitled to your share.

Why You Shouldn't DIY a QDRO

QDROs are highly technical legal documents. Even many experienced family law attorneys don't draft them themselves because:

• Each retirement plan has its own formatting and submission rules.
• Errors can cause delays, denial, or even loss of your entitlement.
• The language must be exact or it won't be accepted.

That's why we recommend working with an attorney who specializes in QDROs.

Who Can Help?

We often refer our clients to Matt Lundy, a respected attorney who focuses on QDROs and retirement division. He knows the ins and outs of various plans, including FRS, and can help make sure your rights are protected and enforced.

What You Should Do Now

If your ex is refusing to pay what you're owed—or you just haven't seen any money despite a court order—here are the steps you should take:

1. Review your Final Judgment to confirm you were awarded a share of the retirement.
2. Identify the type of retirement plan involved (FRS, 401(k), military, etc.).
3. Contact a QDRO specialist attorney to draft and submit the necessary order.
4. Understand the timeline—you may not receive funds until your ex retires, but your share will be protected.

Final Thoughts

You did the hard work of getting through your divorce and securing a fair outcome. Don't let technicalities or paperwork keep you from what you're owed. If your divorce awarded you part of a retirement account, a QDRO may be the key to getting it.

If you need guidance on retirement division, QDRO referrals, or understanding your post-divorce rights, Family Matters Law Group, P.A. is here to help. We'll walk you through what to expect and who to call.

Let me know if you'd like a version of this for a downloadable PDF or to include links to QDRO resources or specialists!