In 2005, the Circuit Court entered a consent judgment of divorce dissolving the parties’ 28-year marriage. The consent judgment awarded defendant one half of the marital interest in plaintiff’s retirement plan via a QDRO. Ten years and eight days later, defendant submitted a proposed QDRO to the trial court; several months later, defendant filed a revised proposed QDRO in January 2016.
Plaintiff moved to set aside the revised proposed QDRO, arguing that it was time-barred under the ten-year statute of limitations set forth in MCL 600.5809(3).
The question of whether MCL 600.5809(3) covers QDROs was recently answered in Joughin v Joughin. The act to obtain entry of a proposed QDRO is considered a ministerial task done in conjunction with the divorce judgment itself. Accordingly, when a party complies with the court’s instructions in the divorce judgment to submit a proposed QDRO, the party is simply engaged in supplying documents and information to the court.
Therefore, because the entry of the proposed QDRO is not an enforcement of a noncontractual money obligation, the 10-year period of limitations does not apply, and plaintiff’s request to have the proposed QDRO entered by the trial court was not time-barred.
The trial court denied plaintiff’s motion.
Are you going through a divorce? Do you have an issue with the divorce judgment or QDRO? In order to protect your parental and financial rights, it is important to have an experienced and understanding divorce attorney by your side at every step of the way. At the Plymouth and Ann Arbor law firm of Aldrich Legal Services, our attorneys have the skill and experience you need to address all family law issues that may arise during your divorce, including:
- Property division
- Child custody and parenting time
- Child and spousal support
- Division of property