As a QDRO attorney with extensive experience in family law, I frequently encounter clients frustrated by ex-spouses who fail to pay court-ordered obligations. “My ex isn’t paying the property settlement, support, or reimbursements—what can I do?” is a question I hear all too often. The good news? Qualified Domestic Relations Orders (QDROs) aren’t just for dividing pensions; they are powerful enforcement tools to collect debts directly from retirement accounts.
Previously, QDROs were primarily used to enforce retirement division and support rights. However, a groundbreaking 2025 appellate decision has significantly expanded their scope: QDROs can now be used to enforce awards for fiduciary breaches, turning them into a broad collection mechanism in family law cases. If your ex is dodging payments due to hiding assets or mismanaging community property, this ruling could be a game-changer.
In this post, I’ll explain QDRO enforcement basics, review pre-2025 practices, analyze the new case law, and provide practical guidance on when and how to use this strategy.
The Basics: What Is QDRO Enforcement and Why Does It Matter? A QDRO is a court order directing a retirement plan administrator (for ERISA-governed plans, CalPERS, federal plans, etc.) to pay a portion of benefits directly to an alternate payee—typically the non-employee spouse. While primarily used for property division, QDROs are particularly effective for enforcement because they attach directly to retirement funds, bypassing the debtor spouse’s control.
Under California law, spouses owe each other the highest fiduciary duty of good faith and fair dealing (Family Code §721). Breaches—such as hiding assets, unauthorized spending of community funds, or failing to disclose financial information—can result in court awards for reimbursement, penalties (up to 100% under Family Code §1101), and attorney fees.
Traditional enforcement methods like wage garnishment or liens have limitations, especially with retirement accounts. QDROs provide a direct path to access those funds.
Pros of Using QDROs for Enforcement:
- Direct payment from the plan, reducing the risk of evasion.
- Long-term security, as retirement balances often grow over time.
- Can apply to both community and, in some cases, separate property interests when tied to a marital judgment.
Cons:
- Timing—payment may not occur until the participant retires.
- Not all plans allow full assignment; plan-specific rules apply.
- Requires precise drafting to avoid rejection by the plan administrator.
The 2025 Game-Changer: In re Marriage of DeBenedetti & Ensburg In April 2025, the California Court of Appeal (Fourth District) issued a landmark ruling in In re Marriage of DeBenedetti & Ensburg. This decision significantly expands the use of QDROs for enforcing fiduciary breach awards.
Case Summary: After a contentious divorce, the trial court found Morgan Ensburg breached his fiduciary duty by mismanaging over $3.6 million in community property. Christina DeBenedetti was awarded $1,831,250 plus $230,000 in attorney fees. When Morgan failed to pay, Christina sought QDROs assigning portions of his ERISA retirement accounts to satisfy the judgment.
The Court of Appeal affirmed the use of QDROs, holding that they can enforce fiduciary breach awards as they “relate to marital property rights” under ERISA. Key points:
- Fiduciary breaches that impair community property create enforceable reimbursement rights.
- ERISA’s QDRO exception permits enforcement of family law obligations.
- Valuation is not always required when the QDRO is used purely for enforcement rather than division.
This precedent allows non-breaching spouses to tap into retirement accounts to recover losses from fiduciary misconduct.
Practical Steps for Enforcement
- Obtain a clear court award documenting the fiduciary breach and the amount owed (§1101).
- File a post-judgment motion requesting a QDRO to assign benefits from the responsible spouse’s retirement plans.
- Work with a QDRO specialist to draft the order in compliance with both California law and the specific plan’s requirements.
- Address tax implications carefully—tax treatment differs between support and property division QDROs.
Don’t Let Non-Payment Derail Your Future Enforcing a judgment through a QDRO requires careful drafting and plan-specific knowledge. If your ex owes you money due to a fiduciary breach or other divorce-related obligations, contact me today for a consultation. As a specialized QDRO attorney, I can help you turn court orders into actual recoveries.
Disclaimer: This post is for informational purposes only and is not legal advice. Laws and case interpretations can change; always consult a qualified attorney for your specific situation.