That article fails to account for state law actions. ERISA only tells the plan administrator who is supposed to get the assets, not who is actually entitled (or not entitled) to the assets. A court order directing the distribution of marital assets is a binding order that would "undo" an ERISA-directed distribution. Yes, the $$ would be distributed to the ex-spouse but then the Court would impose a constructive trust on the assets because the ex has been unjustly enriched in light of a court-ordered distribution of marital assets (which would likely have contained a QDRO anyway).