Delay Between Divorce and QDRO?

Question of the Day:

My divorce was final in Dec., 2003.  Part of the settlement agreement was that my husband was to receive half of my stock and profit sharing.  He and his lawyer were supposed to submit a QDRO, but to date nothing has been submitted.  If he delays further - can he profit from gains on my stock and profit sharing accounts - or will they be valued as of Dec., 2003? – Brenda

Answer:

Brenda: It depends on the wording of your settlement agreement.  The agreement may provide for a division as of the date of the divorce, plus or minus any gains or losses to the date of distribution. Or it may provide that distribution be done without adding or subtracting gains or losses.  If the agreement is silent, then you may have to ask the court to decide.