Enforcing QDROs: your secret weapon for collecting what's owed

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 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.

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 those funds.

The advantages: direct payment from the plan reduces the risk of evasion; retirement balances often grow over time, giving long-term security; and enforcement can reach both community and, in some cases, separate property interests when tied to a marital judgment. The trade-offs: payment may not occur until the participant retires, not all plans allow full assignment, and precise drafting is required 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 that significantly expands the use of QDROs for enforcing fiduciary breach awards.

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 because they "relate to marital property rights" under ERISA. The key points: fiduciary breaches that impair community property create enforceable reimbursement rights; ERISA's QDRO exception permits enforcement of family law obligations; and 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

1. Obtain a clear court award documenting the fiduciary breach and the amount owed (§1101).
2. File a post-judgment motion requesting a QDRO to assign benefits from the responsible spouse's retirement plans.
3. Work with a QDRO specialist to draft the order in compliance with both California law and the specific plan's requirements.
4. 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, we can help you turn court orders into actual recoveries. For the step-by-step playbook — finding accounts, freezing funds, and entering orders without a hearing — see our enforcement guide and the published ACFLS article it draws from.