In re Marriage of Oddino

In In re Marriage of Oddino (1997) 16 Cal.4th 67, the court concluded the QDRO was invalid under section 1056, subdivision (d)(3)(E) to the extent it purported to order the plan to pay benefits not otherwise provided by the plan. In Oddino, the wife contended the QDRO required the plan to pay her a portion of the benefits the plan made available to the husband-participant if he had retired; however, at the time the QDRO was entered, the husband had not retired. The Oddino court concluded the plan's increased benefits would only become available if and when the husband retired, and therefore the QDRO was invalid to the extent it purported to order payment of increased benefits to the wife before the husband retired. (Id. at pp. 82-88.)