LexyCorpus case page
CourtListener opinion 11138373
Citation: Domestic Relations Order · Date unknown · US
- Extracted case name
- pending
- Extracted reporter citation
- Domestic Relations Order
- Docket / number
- pending
Machine-draft headnote
Machine-draft public headnote: CourtListener opinion 11138373 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“education, and increased operational costs." S. Stand. Comm. Rep. No. 3205, in 2018 Senate Journal, at 1363. 10 *** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER *** Act of 1984, Pub. L. No. 98-397, a former spouse may request entry of a Qualified Domestic Relations Order (QDRO) pursuant to 29 U.S.C. § 1056(d)(3). The QDRO, like a HiDRO, "creates or recognizes the existence of an alternate payee's right to . . . receive all or a portion of the benefits payable with respect to a participant under a plan" provided by the participant's private employer. 29 U.S.C. § 1056(d)(3)(B)(i)(I). Interpreting the application of a Q”
retirement benefits“lliam's ERS retirement benefit, with payments to commence at "the earliest date when [William] shall be qualified to retire." William subsequently qualified to retire on April 1, 1999. In 2008, having not received any payments for her share of William's retirement benefit, Barbara moved to enforce the original division order. In 2012, the family court granted Barbara's motion and awarded her 31% of William's pension as valued on the date which he qualified to retire. In 2017, 2 *** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER *** Barbara moved for further relief, alleging that William had failed to”
pension“to retire on April 1, 1999. In 2008, having not received any payments for her share of William's retirement benefit, Barbara moved to enforce the original division order. In 2012, the family court granted Barbara's motion and awarded her 31% of William's pension as valued on the date which he qualified to retire. In 2017, 2 *** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER *** Barbara moved for further relief, alleging that William had failed to disclose information regarding the value of his retirement benefits and further failed to make any payments pursuant to the 2012 order. In 2019, th”
ERISA“a divorce action award and promptly paid." S. Stand. Comm. Rep. No. 1058, in 2015 Senate Journal, at 1274. The committee further noted that the new provision would "help align [HRS] chapter 88 . . . to the federal Employee Retirement Income Security Act [(ERISA)]." Id. Under ERISA, by way of amendment through the Retirement Equity 3 William rejects this conclusion. He argues that, because Act 30 amending HRS § 88-93.5 "specified that the Act would take effect in the future – on July 1, 2020," the statute should be read only to apply prospectively. [App. at 7-8, SC Dkt. 1:9-11] This contention is belied by the l”
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
- 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
*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER ***
Electronically Filed
Supreme Court
SCWC-XX-XXXXXXX
15-SEP-2025
01:56 PM
Dkt. 19 OPA
IN THE SUPREME COURT OF THE STATE OF HAWAII
---o0o---
________________________________________________________________
WILLIAM S. PERREIRA,
Petitioner/Plaintiff-Appellant,
vs.
GERTRUDE B. PERREIRA n.k.a. GERTRUDE B. HAIA,
Respondent /Defendant-Appellee.
________________________________________________________________
SCWC-XX-XXXXXXX
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-XX-XXXXXXX and CAAP-XX-XXXXXXX; FC-D NO. 88-279)
SEPTEMBER 15, 2025
RECKTENWALD, C.J., McKENNA, EDDINS, GINOZA, AND DEVENS, JJ.
OPINION OF THE COURT BY RECKTENWALD, C.J.
I. INTRODUCTION
This case arises from a marital property division
dispute between former spouses, Petitioner/Plaintiff-Appellant
William S. Perreira (William) and Respondent/Defendant-Appellee
Gertrude B. Perreira n.k.a. Gertrude B. Haia (Barbara), over
1
*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER ***
Barbara's share of William's State of Hawai‘i Employees'
Retirement System (ERS) benefits following their 1989 divorce.
William presents two questions to this court. First,
whether Barbara's 2008 motion to enforce the Family Court of the
Third Circuit's division order was time-barred by the ten-year
statute of limitations under Hawai‘i Revised Statutes (HRS)
§ 657-5 (Supp. 2001). Second, whether the family court's entry
of a Hawai‘i Domestic Relations Order (HiDRO) under HRS § 88-93.5
(Supp. 2018) was an ex post facto violation of William's rights
under the United States Constitution and Hawai‘i law.
For the reasons discussed below, we answer both
questions in the negative. Accordingly, we affirm the
Intermediate Court of Appeals' (ICA) judgment on appeal.
II. BACKGROUND
In 1990, the Family Court of the Third Circuit (family
court) awarded Barbara a percentage of William's ERS retirement
benefit, with payments to commence at "the earliest date when
[William] shall be qualified to retire." William subsequently
qualified to retire on April 1, 1999.
In 2008, having not received any payments for her
share of William's retirement benefit, Barbara moved to enforce
the original division order. In 2012, the family court granted
Barbara's motion and awarded her 31% of William's pension as
valued on the date which he qualified to retire. In 2017,
2
*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER ***
Barbara moved for further relief, alleging that William had
failed to disclose information regarding the value of his
retirement benefits and further failed to make any payments
pursuant to the 2012 order. In 2019, the family court again
granted Barbara's motion, consistent with the 2012 order. The
court further awarded Barbara 10% per annum interest along with
attorneys' fees and costs related to both her 2008 and 2017
motions.
William appealed the 2019 orders arguing, inter alia,
that Barbara's original 2008 motion to enforce was time-barred
by the ten-year statute of limitations imposed by HRS § 657-5.
In August 2020, while the 2019 orders were pending on
appeal to the ICA, Barbara moved for entry of a HiDRO under HRS
§ 88-93.5. The family court granted her motion, finding that
Barbara was entitled to William's entire monthly retirement
pension until the sums due to her pursuant to the 2019 orders
were satisfied in full. In March 2021, the family court entered
a HiDRO directing the ERS to pay to Barbara $5,246.85 per month,
William's total monthly distribution. William appealed the
order granting HiDRO, arguing that HRS § 88-93.5, which took
effect on July 1, 2020, could not be applied retroactively to
the family court's 2019 orders.
The ICA consolidated the appeals and, on January 31,
2025, issued a memorandum opinion. As to William's appeal of
3
*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER ***
the 2019 orders, the ICA held that Barbara's right to enforce
the family court's 1990 division order did not accrue until
William qualified for retirement on April 1, 1999, and, thus,
Barbara's 2008 motion to enforce was not time-barred. Regarding
the family court's order granting HiDRO, the ICA reversed the
HiDRO without expressly addressing William's ex post facto
argument and remanded "solely for the family court to enter a
final judgment to clarify the record."
William timely filed an application for writ of
certiorari, which we accepted.
III. DISCUSSION
William argues on certiorari that the ICA gravely
erred in holding that Barbara's 2008 motion to enforce was not
barred by the statute of limitations. This argument lacks
merit.
Generally, "we will not disturb the family court's
decisions on appeal unless the family court disregarded rules or
principles of law or practice to the substantial detriment of a
party litigant." Kakinami v. Kakinami, 125 Hawai‘i 308, 311-12,
260 P.3d 1126, 1129-30 (2011) (quoting Fisher v. Fisher, 111
Hawai‘i 41, 46, 137 P.3d 355, 360 (2006)).
HRS § 657-5 prohibits a person seeking enforcement of
a judgment or decree from doing so "after the expiration of ten
years from the date a judgment or decree was rendered." If the
4
*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER ***
ten-year statute of limitations expires before enforcement or an
extension is sought, then the judgment or decree is "presumed to
be paid and discharged." Id.
William argues that statute of limitations began to
run as of the date the 1990 Division Order was filed. However,
in construing HRS § 657-5, this court has previously held that
the statute of limitations for enforcing a judgment does not
begin to run until "the cause of action—the judgment that
creates the enforceable claim or right—comes into existence as
an enforceable claim or right." Estate of Roxas v. Marcos, 121
Hawai‘i 59, 69, 214 P.3d 598, 608 (2009) (internal quotation
marks omitted). It would be illogical, and contrary to our
well-established case law, to require that parties seek
enforcement of a divorce decree or judgment, as William
proposes, before the obligor is even in default. Cf. Segelken
v. Hawaiian Tr. Co., 20 Haw. 225, 228 (Haw. Terr. 1910) ("[W]hen
the payment of a claim or the liability of a party is made
dependent upon the performance of any condition precedent or the
happening of any contingency, a right of action does not accrue,
or the statute begin to run, until the performance of such
condition or the happening of such contingency.").
Here, William was not obligated to begin making
payments, and Barbara's right to enforce the judgment did not
"come[] into existence," until "the earliest date when [William]
5
*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER ***
shall be qualified to retire," which the family court determined
to be April 1, 1999. See Estate of Roxas, 121 Hawai‘i at 69, 214
P.3d at 608. Thus, Barbara's 2008 Motion to Enforce was not
time-barred because the statute of limitations under HRS § 657-5
did not expire until April 1, 2009, ten years after William
reached retirement eligibility and the first monthly payment
became due.
William also argues on certiorari that, because the
statute took effect after the divorce decree and division orders
were entered, the application of HRS § 88-93.5 is an ex post
facto violation of article I, section 10 of the United States
Constitution, HRS § 1-3 (2009), and Hawaiʻi state and federal
case law. Because the ICA reversed the HiDRO on other grounds,
it did not address William's ex post facto arguments. 1 We
address them here.
Under article I, section 10, clause 1 of the U.S.
Constitution, "[n]o state shall enter into any . . . ex post
facto Law." U.S. Const. art. I, § 10, cl. 1. Interpreting this
clause, the United States Supreme Court has stated, "the true
construction of the prohibition extends to criminal, not to
civil, cases." Calder v. Bull, 3 U.S. 386, 399 (1798). Thus,
the ex post facto prohibition has been widely "interpreted to
1 Because they are not presented to us on certiorari, we express no
opinion as to the other issues raised before the ICA.
6
*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER ***
pertain exclusively to penal statutes." Kansas v. Hendricks,
521 U.S. 346, 370 (1997); State v. Nakata, 76 Hawai‘i 360, 375,
878 P.2d 699, 714 (1994) ("The [ex post facto] clause prohibits
states from enacting retrospective penal legislation.")
(emphasis added); Gray v. Admin. Dir. of the Ct., 84 Hawai‘i 138,
141 n.5, 931 P.2d 580, 583 n.5 (1997) (explaining that civil
proceedings "do not apply to constitutional ex post facto
clauses, which relate only to ‘punitive legislation,' i.e.
‘prosecutions for crime.'") (citations omitted). HRS § 88-93.5
is a civil statute concerning the "[d]istribution of property in
a divorce action." Thus, because HRS § 88-93.5 is not punitive
in either its intent or its effect, its application here does
not "run[] afoul of the federal ex post facto clause." See
State v. Guidry, 105 Hawai‘i 222, 235, 96 P.3d 242, 255 (2004).
William's argument under HRS § 1-3 is also unavailing.
HRS § 1-3 provides that "[n]o law has any retrospective
operation, unless otherwise expressed or obviously intended."
Interpreting Hawaiʻi law on retrospective operation, the United
States District Court for the District of Hawai‘i has recently
distilled the analysis as follows:
The [Hawai‘i Supreme] Court begins its analysis by
considering the text of the statute. If retrospectivity is
not clearly stated or the text is ambiguous, the Court will
turn to the legislative history. If the retrospectivity is
not clearly stated or the legislative history is ambiguous,
the Court will then consider whether application of the
statute to [a party] would impair [that party's] existing
substantial rights.
7
*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER ***
N.K. Collins, LLC v. William Grant & Sons, Inc., 472 F.Supp.3d
806, 820-21 (D. Haw. 2020).
Put differently, absent any express language limiting
the temporal scope of the statute, "the court must determine
whether the new statute would have retroactive effect, i.e.,
whether it would impair rights a party possessed when he acted,
increase a party's liability for past conduct, or impose new
duties with respect to transactions already completed." Gov.
Emps. Ins. Co. v. Hyman, 90 Hawaiʻi 1, 5, 975 P.2d 211, 215
(1999) (quoting Landgraf v. USI Film Prods., 511 U.S. 244, 280
(1974)).
Here, HRS § 88-93.5 does not by its plain text
expressly limit the temporal scope of the statute. HRS § 88-
93.5(a) defines a HiDRO as a domestic relations order that:
(1) Creates or recognizes the right of an alternate
payee, or assigns to an alternate payee, the right to
receive all or a portion of the benefits payable with
respect to a member, a former member with vested
benefit status, or retirant under the system;
(2) Directs the system to disburse benefits to the
alternate payee; and
(3) Meets the requirements of this section.
(Emphasis added.)
Clearly, the statute is prospective in its operation
in the sense that it "[d]irects the system to disburse benefits
8
*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER ***
to the alternate payee." 2 See HRS § 88-93.5(a)(2). However, the
statute expressly provides that the right of an alternate payee
"to receive all or a portion of the benefits payable with
respect to a . . . retirant under the system," may be "create[d]
or recognize[d]" by the entry of a HiDRO. See id. (emphasis
added). This phrasing plainly indicates that a HiDRO may be
entered to effectuate payment to a former spouse whose right to
the benefit was established prior to the entry of the HiDRO and,
in some cases, prior to the ERS member's retirement. This
application is spelled out even more plainly in the legislative
history of HRS § 88-93.5. Act 263, the enacting legislation of
HRS § 88-93.5, provides:
The purpose of this Act is to authorize and require the
[ERS] to make direct payments to the spouse or former
spouse of an [ERS] member or retirant when the spouse or
former spouse has been awarded all or a portion of the
member's or retirant's retirement benefits as part of a
property division adjudicated, ordered, or decreed by a
court in a domestic relations proceeding.
2016 Haw. Sess. Laws Act 263, § 1 at 846 (emphasis added).
Given that the legislature expressly contemplated that
a HiDRO may recognize a former spouse's existing rights to a
retirant's benefits, it is reasonable to conclude that the
2 The prospective operation of the statute is further evidenced by
the statutory definition of "benefits payable" as "any payment to be made to
a member, a former member with vested benefit status, or retirant." HRS
§ 88-93.5(a) (emphasis added); see also HRS § 88-93.5(n) (stating that
payment according to the terms of a post-retirement HiDRO "shall commence as
of the first day of the month following the date upon which the order is
determined to be qualified").
9
*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER ***
legislature intended that HRS § 88-93.5 would be invoked to
effectuate payments pursuant to judgments or court orders issued
prior to the statute's effective date. 3 The relevant
determination is whether the retroactive application of HRS
§ 88-93.5 in this case, i.e., the entry of a HiDRO, would impair
William's substantive rights or merely "prescribe methods of
enforcing or giving effect to existing rights" as defined by the
family court's prior division orders. See Clark v. Cassidy, 64
Haw. 74, 77, 636 P.2d 1344, 1347 (1981).
Turning again to the legislative history, in 2015, the
Senate Committee on Judiciary and Labor, after voting to approve
the provision, reported its finding "that this measure will
ensure that a member's or retirant's pension or related benefits
are correctly divided pursuant to a divorce action award and
promptly paid." S. Stand. Comm. Rep. No. 1058, in 2015 Senate
Journal, at 1274. The committee further noted that the new
provision would "help align [HRS] chapter 88 . . . to the
federal Employee Retirement Income Security Act [(ERISA)]." Id.
Under ERISA, by way of amendment through the Retirement Equity
3 William rejects this conclusion. He argues that, because Act 30
amending HRS § 88-93.5 "specified that the Act would take effect in the
future – on July 1, 2020," the statute should be read only to apply
prospectively. [App. at 7-8, SC Dkt. 1:9-11] This contention is belied by
the legislative history of Act 30, which explains that delay of the effective
date was not meant to limit the temporal scope of the statute, but rather was
"necessary for development and application of necessary resources to support
implementation and fund the costs of computer system modifications, ERS
member and other affected parties' education, and increased operational
costs." S. Stand. Comm. Rep. No. 3205, in 2018 Senate Journal, at 1363.
10
*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER ***
Act of 1984, Pub. L. No. 98-397, a former spouse may request
entry of a Qualified Domestic Relations Order (QDRO) pursuant to
29 U.S.C. § 1056(d)(3). The QDRO, like a HiDRO, "creates or
recognizes the existence of an alternate payee's right to . . .
receive all or a portion of the benefits payable with respect to
a participant under a plan" provided by the participant's
private employer. 29 U.S.C. § 1056(d)(3)(B)(i)(I).
Interpreting the application of a QDRO, Hawaiʻi courts
have held that a QDRO is "merely a collateral enforcement device
that will implement the substantive rulings that are already
within the [existing order]." Romero v. Romero, Nos. 28664,
28898, 2012 WL 1951328, at *2 (Haw. App. May 31, 2012) (SDO).
This treatment of the QDRO is consistent with other
jurisdictions that have held "the entry of a QDRO is a method of
enforcing or implementing the terms of an existing divorce
judgment." Ex parte Montgomery, 79 So.3d 660, 669 (Ala. Civ.
App. 2011); Kesting v. Kesting, 370 P.3d 729, 732 (Idaho 2016)
("[W]e agree with other courts that have concluded that a QDRO
may be entered to enforce a prior support obligation.")
(collecting cases). More specifically, federal courts have
expressly held that the QDRO statute may be applied to divorce
orders entered prior to the enactment of the statute. Samaroo
v. Samaroo, 193 F.3d 185, 187 (3d Cir. 1999) ("Although the
Retirement Equity Act was not in effect on [the date of the
11
*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER ***
parties' divorce], plan administrators may, in their discretion,
treat orders entered before the date of the Act as QDROs.");
John Hancock Mut. Life Ins. Co. v. Timbo, 67 F.Supp.2d 413, 417-
18 (D.N.J. 1999) (mem. op.) ("A divorce decree entered prior to
the effective date of the Retirement Equity Act can be treated
as a QDRO.").
Upon review of the legislative history of HRS § 88-
93.5, and the weight of authority relating to the analogous
federal statute, we conclude that the family court's application
of the HiDRO statute in this case was merely a method of
enforcing or giving effect to Barbara's existing rights under
the 2019 orders. See Clark 64 Haw. at 77, 636 P.2d at 1346-47.
Barbara's rights to William's ERS retirement benefits
were established by the 1990 division order. Those rights were
later clarified by the family court's 2012 and 2019 orders. At
no point over the two decades of proceedings did William comply
with the family court's orders or make any payment from his
retirement benefit to Barbara as he was required to do. The
family court's order granting HiDRO made clear that the HiDRO
was a method of enforcing Barbara's rights as defined by the
court's 2019 Orders. The ICA affirmed as much, holding that
"the Order Granting H[i]DRO sought to enforce the [2019 orders],
rather than amend or alter them." As such, the order granting
HiDRO did not further impair William's rights to his ERS
12
*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER ***
benefit, increase his liability for past conduct, or impose on
him any new obligations. See Hyman, 90 Hawaiʻi at 5, 975 P.2d at
215. Accordingly, entry of the HiDRO pursuant to HRS § 88-93.5
was not an ex post facto violation of William's substantive
rights. See id.
IV. CONCLUSION
The ICA's March 5, 2025, Judgment on Appeal is
affirmed.
Douglas L. Halsted /s/ Mark E. Recktenwald
for petitioner
/s/ Sabrina S. McKenna
Moses K.N. Haia III
for respondent /s/ Todd W. Eddins
/s/ Lisa M. Ginoza
/s/ Vladimir P. Devens
13