Divorce: Property Settlement: Posthumous QDRO
Court of Appeals No. 0090, Sept. Term 2013. Reported.
Opinion by McDonald, J. Filed July 18, 2014.
Petition from Court of Special Appeals (Frederick County). Affirmed.
RecordFax #14-0718-21, 21 pages.
Where the property settlement agreement allocated a share of husband’s ERISA-exempt future pension and death benefits to the wife, but no QDRO was submitted and the husband named his second wife as beneficiary, the circuit court had authority after husband’s death to (1) impose a constructive trust in favor of the ex-wife on a portion of benefits already paid to the widow and (2) direct the plan to pay ex-wife her portion of future benefits.