LexyCorpus case page
CourtListener opinion 10677062
Citation: Domestic Relations Order · Date unknown · US
- Extracted case name
- pending
- Extracted reporter citation
- Domestic Relations Order
- Docket / number
- Entry No. 1
Machine-draft headnote
Machine-draft public headnote: CourtListener opinion 10677062 is included in the LexyCorpus QDRO sample set as a public CourtListener opinion with relevance to pension / defined benefit issues. The current annotation is conservative: it identifies source provenance, relevance signals, and evidence quotes for attorney/agent retrieval. It is not a Willie-approved legal headnote yet.
Retrieval annotation
Draft retrieval summary: this opinion has QDRO relevance score 5/5, retirement-division score 5/5, and family-law score 5/5. Use the quoted text and full opinion below before relying on the case.
Category: pension / defined benefit issues
Evidence quotes
QDRO“id not respond. This court heard arguments on October 3, 2023, and granted the motion to dismiss. The court explained its reasons in detail on the record and sets them out briefly below. Jackson did not seek to enter a Qualifying Domestic Relations Order (QDRO) until 2023, after the death of her ex-husband. Although the Fifth Circuit has not ruled directly on this topic, there is a consensus among courts, both in this district and beyond, that "a surviving spouse annuity vests on the date of the participant's death and a proposed QDRO entered posthumously is not enforceable." Stahl v. Exxon Corp., 212 F. Supp”
pension“HE UNITED STATES DISTRICT COURT October 13, 2023 FOR THE SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION § TAWANDA A. JACKSON, § § Plaintiff, § v. § CIVIL ACTION NO. H-23-3023 § CENTRAL STATES, SOUTHEAST AND § SOUTHWEST AREAS PENSION FUND, § et al., § § Defendants. § FINAL JUDGMENT Tawanda Jackson sued the Central States, Southeast, and Southwest Areas Pension Fund and the Estate of Van LaPeal Jackson. (Docket Entry No. 1). Tawanda Jackson and Van LaPeal Jackson divorced in September 5, 1989. In July 2023, Tawanda Jackson sued the Fund and the Estate in state court, assert”
domestic relations order“to dismiss, and Jackson did not respond. This court heard arguments on October 3, 2023, and granted the motion to dismiss. The court explained its reasons in detail on the record and sets them out briefly below. Jackson did not seek to enter a Qualifying Domestic Relations Order (QDRO) until 2023, after the death of her ex-husband. Although the Fifth Circuit has not ruled directly on this topic, there is a consensus among courts, both in this district and beyond, that "a surviving spouse annuity vests on the date of the participant's death and a proposed QDRO entered posthumously is not enforceable." Stahl v. Exxon Corp., 212 F”
survivor benefits“n did not seek to enter a Qualifying Domestic Relations Order (QDRO) until 2023, after the death of her ex-husband. Although the Fifth Circuit has not ruled directly on this topic, there is a consensus among courts, both in this district and beyond, that "a surviving spouse annuity vests on the date of the participant's death and a proposed QDRO entered posthumously is not enforceable." Stahl v. Exxon Corp., 212 F. Supp. 2d 657, 669 (S.D. Tex. 2002) (collecting cases); see Guzman v. Commonwealth Edison Co., No. 99-CV-582, 2000 WL 1898846, at *2 (N.D. Ill. Dec. 28, 2000) (‘rights to survivor's benefits are fixed as the part”
Source and provenance
- Source type
- courtlistener_qdro_opinion_full_text
- Permissions posture
- public
- Generated status
- machine draft public v0
- Review status
- gold label pending
- Jurisdiction metadata
- US
- Deterministic extraction
- reporter: Domestic Relations Order · docket: Entry No. 1
- Generated at
- May 14, 2026
Related public corpus pages
Deterministic links based on shared title/citation terms and QDRO / retirement / family-law retrieval scores.
Clean opinion text
IN THE UNITED STATES DISTRICT COURT October 13, 2023 FOR THE SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION § TAWANDA A. JACKSON, § § Plaintiff, § v. § CIVIL ACTION NO. H-23-3023 § CENTRAL STATES, SOUTHEAST AND § SOUTHWEST AREAS PENSION FUND, § et al., § § Defendants. § FINAL JUDGMENT Tawanda Jackson sued the Central States, Southeast, and Southwest Areas Pension Fund and the Estate of Van LaPeal Jackson. (Docket Entry No. 1). Tawanda Jackson and Van LaPeal Jackson divorced in September 5, 1989. In July 2023, Tawanda Jackson sued the Fund and the Estate in state court, asserting that she was entitled to a portion of her ex-husband's retirement benefits. The defendants moved to dismiss, and Jackson did not respond. This court heard arguments on October 3, 2023, and granted the motion to dismiss. The court explained its reasons in detail on the record and sets them out briefly below. Jackson did not seek to enter a Qualifying Domestic Relations Order (QDRO) until 2023, after the death of her ex-husband. Although the Fifth Circuit has not ruled directly on this topic, there is a consensus among courts, both in this district and beyond, that "a surviving spouse annuity vests on the date of the participant's death and a proposed QDRO entered posthumously is not enforceable." Stahl v. Exxon Corp., 212 F. Supp. 2d 657, 669 (S.D. Tex. 2002) (collecting cases); see Guzman v. Commonwealth Edison Co., No. 99-CV-582, 2000 WL 1898846, at *2 (N.D. Ill. Dec. 28, 2000) (‘rights to survivor's benefits are fixed as the participant's death, and a valid QDRO cannot be entered after the participant's death that would expand the liability of the Plan."); Samaroo v. Samaroo, 193 F.3d 185 (3d Cir. 1999). Because Jackson did not seek entry of a QDRO before her ex-husband's death, she cannot now enforce her proposed QDRO. Even if she could, because the benefits she seeks were already fully and properly paid long before she sought a QDRO, no funds remained when she did so. There are no benefits that could be payable under a newly entered QDRO. (Docket Entry No. 3 at 8). Her claim is without merit. This civil action is dismissed with prejudice. This is a final judgment. SIGNED on October 13, 2023, at Houston, Texas. Lee H. Rosenthal United States District Judge