The Puerto Rico Court of Appeals recently ruled in favor of Amarilis Sólivan Sánchez, allowing her to obtain a Qualified Domestic Relations Order (QDRO) for her 401k retirement account. This decision comes after a lower court initially denied her request, impacting how divorce settlements involving retirement accounts are handled in Puerto Rico.

The ruling, issued on April 14, 2026, is significant because it clarifies the legal process for obtaining a QDRO in the context of divorce. A QDRO is a legal order that allows for the division of retirement plan assets between divorcing spouses. This ruling affects individuals who are navigating divorce and have retirement accounts that need to be divided.

Background

Amarilis Sólivan Sánchez filed a petition with the Puerto Rico Court of Appeals after her request for a QDRO was denied by the Court of First Instance in Caguas. The initial request was made on January 14, 2026, following her divorce from Almírcal A. Colón La Santa, which was finalized in 2024. The couple had agreed to divide their 401k retirement account as part of their divorce settlement.

After the lower court rejected her request, Sólivan Sánchez sought reconsideration, arguing that the court had erred in its decision. She explained that the division of the retirement account was necessary to fulfill the terms of their divorce agreement. The lower court, however, maintained its position, stating that the matter was not justiciable and that the divorce had been conducted in accordance with the law.

The Ruling

The Puerto Rico Court of Appeals, led by Judge Aldebol Mora, reviewed the case and found that the lower court had indeed made an error. The court ruled that Sólivan Sánchez had the right to request a QDRO, stating, "the petitioner has the right to the remedy requested, and the lower court should have issued the QDRO as requested." The ruling emphasized that a QDRO is an essential tool for dividing retirement accounts in divorce cases.

The court's decision to grant the petition for certiorari means that the case was sent back to the lower court with instructions to issue the QDRO. This ruling is important for ensuring that the rights of individuals in divorce settlements involving retirement accounts are protected.

Impact

This ruling has significant implications for future divorce cases in Puerto Rico, particularly those involving retirement accounts. It clarifies the process for obtaining a QDRO, ensuring that individuals can effectively divide their retirement assets as part of a divorce settlement. This decision may also encourage more individuals to seek legal remedies when their rights to retirement benefits are at stake.

Moreover, the ruling reinforces the importance of adhering to the requirements set forth by the Employee Retirement Income Security Act (ERISA), which governs retirement plans in the United States. By upholding the necessity of a QDRO in divorce settlements, the court has strengthened protections for ex-spouses who may rely on these benefits in their retirement.

What's Next

The case has been sent back to the Court of First Instance in Caguas to issue the QDRO as directed by the Appeals Court. There are no indications in the court filing that this ruling will be appealed, but it sets a clear precedent for similar cases in the future.