QDRO Supersedes Divorce Decree

Although the parties’ 2005 final divorce decree stated wife would receive 50 percent of husband’s county pension as equitable distribution, their 2008 Qualified Domestic Relations Order, entered by consent, stated wife was entitled to 50 percent of the “marital share of the retirement benefits,” and the Fairfax Circuit Court refuses to find husband in contempt for payment to wife of the smaller share of his pension under the 2008 QDRO.

The QDRO entered on Dec. 15, 2008, was a consent order, signed by counsel for both parties. As such, it is an agreement between the parties that cannot be modified by the court. The 2008 order, being later in time, superseded any prior agreements between the parties related to the division of the pension.

The 2008 order governed the division  of husband’s pension. There is no dispute that he is in full compliance with the terms of the 2008 order. The motion for a finding of contempt is denied.

Kennedy v. Kennedy (Roush) No. CL 2006-14898, Oct. 12, 2011; Fairfax Cir.Ct.; Arlene L. Pripeton, Michael K. Murphy for the parties. VLW 011-8-215, 5 pp.